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eBook details

• Title: State v. Rush
• Author : Supreme Court of Kansas
• Release Date : January 08, 1994
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 51 KB

Description

The opinion of the court was delivered by This appeal comes before us on the defendant's petition for
review of the judgment of the Court of Appeals in State v.
Rush, 18 Kan. App. 2d 694, 859 P.2d 387 (1993). The question is
whether criminal trespass is a lesser included offense of
burglary. We granted the defendant's petition for review because
of conflicting decisions by two separate panels of the Court of
Appeals. For reasons set forth below, we conclude that the Court
of Appeals in this case was correct in its decision that criminal
trespass is not a lesser included offense of burglary. However,
we reverse on other grounds. Early one October morning in 1991, police were dispatched to a
burglary in progress at McCorry's Grocery. The store occupies the
first floor of the building; unoccupied apartments are located on
the second floor. The only outside entrance to the apartments is
located in the back of the building.

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