State v. Brown

Meyer, J.:

This is an appeal from Kerwin Brown’s (appellant’s) conviction of the crimes of burglary (K.S.A. 21-3715), of misdemeanor theft (K.S.A. 21-3701), and of misdemeanor criminal damage to property (K.S.A. 21-3720).

On June 23, 1978, the Townsman Restaurant in Parsons, Kansas, was burglarized; a cigarette vending machine had been pried open and the coins removed from it. Appellant was seen at approximately 2:20 a.m. riding away from the area of the Townsman Restaurant on a motorcycle at a high rate of speed; he was not wearing a shirt.

At approximately 3:00 a.m. on that same date,…