State v. Zimmerman & Schmidt

The opinion of the court was delivered by

Schroeder, C.J.:

This is a criminal appeal by the State from an order of the Ellis County District Court dismissing a complaint charging Thomas W. Zimmerman and Philip Mark Schmidt (defendants-appellees) with burglary (K.S.A. 21-3715). At the close of the preliminary hearing the district court ruled the element of entry had not been shown by the State and ordered that the charge be dismissed.

The following evidence was presented by the State at the preliminary hearing. In the late afternoon on August 5, 1982, Terry Karlin arrived at B & S Distributors, a…