State v. Larkin

The opinion of the court was delivered by

Schroeder, J.:

This is the second criminal appeal by Patrick Edward Larkin (defendant-appellant) who was convicted by a jury of the offenses of burglary (K. S. A. 1972 Supp. 21-3715) and the theft of property of a value of more than $50 (K. S. A. 1972 Supp. 21-3701). (See, State v. Larkin, 209 Kan. 660, 498 P. 2d 37.)

Following the issuance of the mandate by this court in the original appeal on July 19, 1972, the appellant immediately thereafter on July 26, 1972, filed a motion for a new trial premised on the ground of newly discovered evidence pursuant…