STATE v. LONG

No. 54,158

8 Kan. App. 2d 733 (1983)

667 P.2d 890

STATE OF KANSAS, Appellee, v. JAMES L. LONG, Appellant. Reversed , ___ P.2d ___ (1984).

Court of Appeals of Kansas.

Opinion filed August 11, 1983.


Attorney(s) appearing for the Case

Ray L. Connell of Connell & Connell, of El Dorado, for appellant.

Morgan Metcalf, assistant county attorney, William P. Ronan, county attorney, and Robert T. Stephan, attorney general, for appellee.

Before REES, P.J., SPENCER and SWINEHART, JJ.


REES, J.:

A jury convicted defendant of robbery (K.S.A. 21-3426). He appeals. His arguments are that the evidence was insufficient and the trial judge erroneously failed to instruct on theft as a lesser included offense.

We accept the State's version of the facts established by the evidence. It is that Margo Wolf and her husband reside in rural Butler County, Kansas, and operate a dairy farm there. As a part of that business they maintain a small sale building...

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