State v. Emery

The opinion of the court was delivered by

Hatcher, C.:

This is an appeal from a conviction of burglary in the second degree and grand larceny.

The facts as disclosed by the prosecution may be summarized.

At about 1:00 a. m. on September 7, 1965, the manager of a cafe on North Washington Street, Junction City, Kansas, locked the door and started home. She heard glass breaking in a tavern a few doors away. She immediately re-entered the cafe and called the police. A man was seen entering the tavern through a transom covering an airduct by the first policeman to arrive. He waited until the building…