STATE v. GAINER

No. 51,251

227 Kan. 670 (1980)

608 P.2d 968

STATE OF KANSAS, Appellant, v. DAVID EUGENE GAINER, Appellee.

Supreme Court of Kansas.

Opinion filed April 5, 1980.


Attorney(s) appearing for the Case

Janice D. Russell, assistant district attorney, argued the cause, and Robert T. Stephan, attorney general, and Dennis W. Moore, district attorney, were with her on the brief for the appellant.

Scott Harrison Kreamer, of Breyfogle, Gardner, Davis & Kreamer, of Olathe, argued the cause and was on the brief for the appellee.


The opinion of the court was delivered by

FROMME, J.:

The State appeals from the court's dismissal of a charge of theft (K.S.A. 21-3701[a]) following the preliminary hearing. Such appeals by the prosecution are authorized by K.S.A. 1979 Supp. 22-3602(b)(1). The facts may be summarized as follows:

On April 30, 1979, Mrs. Agnes Knipper called the police department and reported that a young man was carrying a concealed weapon and had just...

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