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STATE v. DAVIS

No. 49,021

2 Kan. App. 2d 10 (1978)

573 P.2d 1124

STATE OF KANSAS, Appellee, v. WALTER DAVIS, Appellant.

Court of Appeals of Kansas.

Opinion filed January 6, 1978.

Attorney(s) appearing for the Case

Rex Lawhorn, of Parsons, for the appellant.

William J. Daley, county attorney, and Curt T. Schneider, attorney general, for the appellee.

Before HARMAN, C.J., FOTH and SPENCER, JJ.

FOTH, J.:

The defendant, Walter Davis, was convicted of the theft by deception of $300 belonging to the Brown Chapel, AME Church, of Parsons. Two of his arguments on appeal have merit, including one which requires reversal.

His first argument is that the evidence did not support the verdict. In fact, there was a substantial variance between the proof and the charge. Taken in the light most favorable to the state...

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