State v. Kladis

The opinion of the court was delivered by

Price, J.:

Here the defendant was charged with burglary and larceny of a grocery store in Overland Park. He was acquitted of the larceny charge but convicted of burglary, and has appealed.

The state’s evidence established substantially the following:

The witness Rauch, employed as a truck driver for the store, stopped to service it at approximately midnight on August 2, 1949. The store was brilliantly lighted at the time. The rear door was open and “pushed right on in.” As he entered the rear storeroom a man that “didn’t have any shirt on” ran out of the…