STATE v. HOWARD

No. 48,151

221 Kan. 51 (1976)

557 P.2d 1280

STATE OF KANSAS, Appellee, v. DONALD W. HOWARD, Appellant.

Supreme Court of Kansas.

Opinion filed December 11, 1976.


Attorney(s) appearing for the Case

Cortland Q. Clotfelter, of Bradley & Clotfelter, of Wichita, argued the cause, and was on the brief for the appellant.

Stephen M. Joseph, assistant district attorney, argued the cause, and Curt T. Schneider, attorney general, and Keith Sanborn, district attorney, were with him on the brief for the appellee.


The opinion of the court was delivered by

MILLER, J.:

Donald W. Howard appeals from his conviction by a jury of unlawfully using a credit card to obtain property of the value of more than $50 in violation of K.S.A. 21-3729 (1) (a), a class E felony, and from his sentence to imprisonment for not less than one nor more than five years.

The main thrust of defendant's argument on appeal is that the statute requires that a credit card be physically...

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