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STATE v. COBURN

No. 48,254

220 Kan. 750 (1976)

556 P.2d 382

STATE OF KANSAS, Appellee, v. FRANK COBURN, Appellant.

Supreme Court of Kansas.

Opinion filed November 6, 1976.

Attorney(s) appearing for the Case

Ted Hollembeak, of Steerman, Greiner and Roach, Chartered, argued the cause and was on the brief for the appellant.

Philip E. Winter, assistant county attorney, argued the cause, and Curt T. Schneider, attorney general, and Michael G. Patton, county attorney, were with him on the brief for the appellee.

The opinion of the court was delivered by

FOTH, C.:

Frank Coburn was convicted by a jury of felony theft and has appealed. He raises what are essentially two issues, one relating to our speedy trial statute, the other going to the substance of the crime of theft as reflected in the instructions and proof.

Prior to his resignation in March, 1973, Coburn was the sheriff of Lyon county. When he left office he took with him two

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