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STATE v. WHORTON

No. 49,810

225 Kan. 251 (1979)

589 P.2d 610

STATE OF KANSAS, Appellant, v. B.G. WHORTON, Appellee.

Supreme Court of Kansas.

Opinion filed January 20, 1979.

Attorney(s) appearing for the Case

Robert Sandilos, assistant district attorney, argued the cause, and Curt T. Schneider, attorney general, and Vern Miller, district attorney, were with him on the brief for the appellant.

Russell Shultz, of Shultz, Fry & Fisher, of Wichita, argued the cause and was on the brief for the appellee.

The opinion of the court was delivered by

SCHROEDER, C.J.:

This is an appeal in a criminal action by the State from an order dismissing the complaint-information charging B.G. Whorton (defendant-appellee) with sixteen counts of felony theft in violation of K.S.A. 21-3701.

The State argues the trial court erred as a matter of law in dismissing the complaint-information because it relied on extrinsic evidence outside the four corners of the information...

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