State v. Myers

The opinion of the court was delivered by

Harman, C.:

Clinton J. Myers was convicted by a jury of the offense of attempted aggravated burglary. New trial was denied, Myers was sentenced under the habitual criminal act (K. S. A. 1973 Supp. 21-4504) and now appeals.

Myers was charged jointly with one Charles L. Nading in the commission of the offense in question. Severance was granted and each was tried separately. We recently affirmed Nading’s conviotion (State v. Nading, 214 Kan. 249, 519 P. 2d 714).

The prosecution’s evidence in the case at bar was essentially the same as that in Nading. We can…