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STATE v. BAKER

No. 48,082

219 Kan. 854 (1976)

549 P.2d 911

STATE OF KANSAS, Appellee, v. GEORGE BAKER, Appellant.

Supreme Court of Kansas.

Opinion filed May 8, 1976.

Attorney(s) appearing for the Case

Lawrence G. Zukel, of Kansas City, argued the cause and was on the brief for appellant.

Dennis L. Harris, deputy district attorney, argued the cause, and Curt T. Schneider, attorney general, and Nick A. Tomasic, district attorney, were with him on the brief for appellee.

The opinion of the court was delivered by

FATZER, C.J.:

The appellant, George C. Baker, was found guilty by a jury of the crimes of burglary (K.S.A. 21-3715) and theft over $50 (K.S.A. 21-3701). His motion for a new trial was overruled and he perfected this appeal.

The state's evidence is summarized: Peter Von Schwarzbek and Cynthia L. Shaffer lived in Apartment No. 2 that was burglarized. Cynthia is employed and left the apartment at 7:30 a.m. on...

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