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State v. Mahkuk

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eBook details

  • Title: State v. Mahkuk
  • Author : Supreme Court of Kansas
  • Release Date : January 12, 1976
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 52 KB

Description

The opinion of the court was delivered by This is a direct appeal in a criminal action in which the defendant-appellant, Patrick Mahkuk, was convicted of burglary (K.S.A. 21-3715) and felony theft (K.S.A. 21-3701). The facts in the case are really undisputed. The defendant was charged with breaking into a house in Atchison owned by Philip Bridges and stealing a .22-caliber Remington rifle valued at more than $50. At the trial Philip Bridges testified that his residence was broken into on October 23, 1974. At the time the break-in was discovered Bridges observed a black dust, similar to that found at his place of employment, all over his bed. The defendant and Bridges both worked for the same company. After discovering that his rifle was missing Bridges notified the police. Police investigation revealed that a silver van similar to one owned by defendant had been [220 Kan. 75] parked in front of Bridges's residence at approximately the time of the burglary. When the van departed the scene it proceeded for some distance without headlights. Bridges suggested to the police that the defendant knew he owned the gun. Upon investigation the police found Bridges's rifle in the defendant's van. The defendant was questioned by the police and admitted that he had entered the Bridges home and had taken the rifle. The defendant's confession was admitted into evidence without objection. Its admission is not one of the claimed errors on this appeal. Following his conviction by a jury the defendant Mahkuk appealed to this court claiming trial errors.


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