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STATE v. KRESS

No. 46,700

210 Kan. 522 (1972)

502 P.2d 827

THE STATE OF KANSAS, Appellee, v. JOHN EDGAR KRESS, Appellant.

Supreme Court of Kansas.

Opinion filed November 4, 1972.

Attorney(s) appearing for the Case

Edward J. White, of Kansas City, argued the cause, and George A. Groneman, also of Kansas City, was on the brief for the appellant.

Nick A. Tomasic, chief deputy county attorney, argued the cause, and Vern Miller, attorney general, and Frank D. Menghini, county attorney, were with him on the brief for the appellee.

The opinion of the court was delivered by:

OWSLEY, J.:

This is a direct criminal appeal from a jury verdict of "guilty to the charge of theft of an automobile" as defined by K.S.A. 1971 Supp. 21-3701. The car was a 1967 Pontiac two-door, black with gold decals on both doors. The defendant was sentenced under the Habitual Criminal Act pursuant to K.S.A. 1971 Supp. 21-4504, to a term of from six to twenty years. The court overruled appellant's motion for a new...

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