The opinion of the court was delivered by
FATZER, J.:
W.T. Bean was charged in the district court of Rice County on an information containing two counts: the first count charged him with the theft of 65 sacks of cement worth more than $20; the second count charged him with cheating and defrauding a Mrs. Minnie Patterson, Lyons, Kansas, an elderly woman, by means of false pretense. Following trial and a verdict of guilty on both counts he appealed to this court...
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