STATE v. KELLY

No. 47,415

216 Kan. 31 (1975)

531 P.2d 60

STATE OF KANSAS, Appellee, v. THOMAS O. KELLY, Appellant.

Supreme Court of Kansas.

Opinion filed January 25, 1975.


Attorney(s) appearing for the Case

Charles E. Worden, of Topeka, argued the cause and was on the brief for the appellant.

Donald P. Morrison, assistant district attorney, argued the cause, and Vern Miller, attorney general, and Gene M. Olander, district attorney, were with him on the brief for the appellee.


The opinion of the court was delivered by

FROMME, J.:

Thomas O. Kelly appeals from a conviction for the theft of over $50.00 by threat (K.S.A. 1973 Supp. 21-3701 [c]). He attacks the conviction on the sole ground that the prosecution violated his constitutional right of due process by withholding evidence during the trial.

A brief summary of facts will be sufficient for the purposes of this appeal. James Ruppelius was a truck driver, a resident...

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