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STATE v. STERLING

No. 53,563

230 Kan. 790 (1982)

640 P.2d 1264

STATE OF KANSAS, Appellant, v. JOHN A. STERLING, Appellee.

Supreme Court of Kansas.

Opinion filed February 27, 1982.

Attorney(s) appearing for the Case

Joel B. Jackson, assistant county attorney, argued the cause, and Robert T. Stephan, attorney general, and William H. Pringle, county attorney, were with him on the brief for appellant.

Michael C. Brown, of Brown & Brown, of Great Bend, argued the cause and was on the brief for appellee.

The opinion of the court was delivered by

MILLER, J.:

This appeal by the State from an order of the Barton District Court dismissing the action presents a single issue: Does stolen property lose its identity as stolen property when it is recovered by law enforcement officers? We conclude that it does.

Glendon Roach of Great Bend was the owner of a Smith and Wesson.9 mm. automatic pistol which was stolen by Harold Stevenson on January 8, 1981. Stevenson...

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