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STATE v. FINCH

No. 49,063

223 Kan. 398 (1978)

573 P.2d 1048

STATE OF KANSAS, Appellee, v. CHARLOTTE FINCH, Appellant.

Supreme Court of Kansas.

Opinion filed January 21, 1978.

Attorney(s) appearing for the Case

Bruce N. Karstadt, of Lindsborg, argued the cause, and Randall B. Jones, Washburn Legal Clinic, and Alan L. Dunavan, of Osawatomie, was with him on the brief for the appellant.

Albert D. Keil, assistant district attorney, argued the cause, and Curt T. Schneider, attorney general, Gene M. Olander, district attorney, and Kathy R. Vetter, of Salina, were with him on the brief for the appellee.

The opinion of the court was delivered by

PRAGER, J.:

This is a direct appeal from a conviction of theft by deception (K.S.A. 21-3701[b].) The basic issue presented is essentially this: In order to prove a defendant guilty of theft by deception under 21-3701(b), must the state prove that the intended victim was actually deceived and actually relied on the false representation?

The state's evidence disclosed the following factual circumstances...

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