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STATE v. SMITH

No. 46,597

209 Kan. 664 (1972)

498 P.2d 78

STATE OF KANSAS, Appellee, v. WARREN SMITH, Appellant.

Supreme Court of Kansas.

Opinion filed June 10, 1972.

Attorney(s) appearing for the Case

Russell Shultz, of Wichita, argued the cause, and Leonard F. Watkins, of El Dorado, was with him on the brief for the appellant.

David A. Brace, County Attorney, argued the cause, and Vern Miller, Attorney General, was with him on the brief for the appellee.

The opinion of the court was delivered by

SCHROEDER, J.:

This is a criminal action in which Warren Smith (defendant-appellant) was tried to a jury and convicted of grand larceny pursuant to K.S.A. 21-533, and sentenced in accordance with K.S.A. 21-534. Appeal has been duly perfected.

The appellant raises two points:

"I. The complaint was signed and the warrant issued without probable cause. "II. There was insufficient evidence to...

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