STATE v. SAYLOR

No. 51,047

4 Kan. App. 2d 563 (1980)

608 P.2d 421

STATE OF KANSAS, Appellee, v. GLENN LEE SAYLOR, Appellant.

Court of Appeals of Kansas.

Petition for review granted June 26, 1980.


Attorney(s) appearing for the Case

Wesley M. Norwood, of Riling, Norwood, Burkhead & Fairchild, Chartered, of Lawrence, for the appellant.

Michael J. Malone, District Attorney, and Robert T. Stephan, Attorney General, for the appellee.

Before PARKS, P.J., ABBOTT and SWINEHART, JJ.


PARKS, J.:

This is an appeal from a jury conviction of felony theft by deception. K.S.A. 1979 Supp. 21-3701(b). Defendant Glenn Saylor contends that there was insufficient evidence to establish the charge of theft by deception and that the trial court erred in failing to give an instruction on attempted theft by deception.

On September 27, 1978, at approximately 2:15 p.m., Sharon Tenpenny, the security manager at the Lawrence K-Mart store, observed...

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