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STATE v. HANDKE

No. 41,278

185 Kan. 38 (1959)

340 P.2d 877

STATE OF KANSAS, Appellee, v. THEODORE L. HANDKE, Appellant.

Supreme Court of Kansas.

Opinion filed June 13, 1959.

Attorney(s) appearing for the Case

Joseph P. Jenkins, of Kansas City, argued the cause, and Joseph Cohen, Charles S. Schnider and John E. Shamberg, of Kansas City, and Maurice P. O'Keefe, Sr., and Terence D. O'Keefe, of Atchison, were with him on the briefs for appellant.

Robert F. Duncan, County Attorney, of Atchison, argued the cause, and John Anderson, Jr., Attorney General, and Robert Roth, Assistant Attorney General, of Topeka, were with him on the briefs for appellee.

The opinion of the court was delivered by

FATZER, J.:

The defendant, Theodore L. Handke, was convicted on a charge of obtaining $3,000 from Herman F. and Bettie Pankey by false pretenses in violation of G.S. 1949, 21-551. He appeals from the overruling of his motion for a new trial, the judgment of conviction, and the sentence of confinement in the State Penitentiary for a term not exceeding five years.

The defendant is a resident of Leavenworth, and...

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