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STATE v. ETAPE

No. 57,324

237 Kan. 380 (1985)

699 P.2d 532

STATE OF KANSAS, Appellant, v. MAXWELL E. ETAPE, Appellee.

Supreme Court of Kansas.

Opinion filed May 10, 1985.

Attorney(s) appearing for the Case

Geary N. Gorup, assistant district attorney, argued the cause, and Robert T. Stephan, attorney general, Clark V. Owens, district attorney, and Byron L. Sloan assistant district attorney, were with him on the brief for the appellant.

John D. Clark, 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 by the State from the trial court's acquittal of Maxwell E. Etape (defendant-appellee), who had been charged with felony theft. K.S.A. 1984 Supp. 21-3701(a). The trial court sustained defendant's motion to dismiss at the close of the State's case based upon the conclusion of law that the mechanic who had repaired the defendant's vehicle and who had a mechanic's lien upon such vehicle...

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