State v. Mcbarron - Supreme Court of Kansas

State v. Mcbarron

By Supreme Court of Kansas

  • Release Date: 1978-10-28
  • Genre: Law
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State v. Mcbarron Supreme Court of Kansas Book Review Score: ★★★★★ 5/5 stars

The opinion of the court was delivered by This is a direct appeal in a criminal action in which the defendant, Ralph M. McBarron, was convicted of burglary (K.S.A. 21-3715) and theft (K.S.A. 21-3701). The prosecution arose out of a burglary at the VFW Club building in Salina on December 7, 1975. Entry to the building was gained by use of a rope removed from the flagpole. The rope was attached to the frame of a skylight. The burglar lowered himself through the skylight and then through a false ceiling into the club's bar. The only issue at the trial of the case was the identity of the defendant, McBarron, as one of the participants in the crime. Difficulties arose in this case because an overly zealous Salina police officer first made an illegal arrest of the defendant and his companion, Wayne Morse, and some time later proceeded to make an illegal entry into the defendant's motel room. As a result of the police officer's misconduct, the trial court, after a hearing on the defendant's motion, suppressed the statements of the defendant, McBarron, and his companion. The court suppressed all of the physical evidence of the crime which was found in their [224 Kan. 711]

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