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STATE v. PARSONS

No. 58,314

11 Kan. App. 2d 220 (1986)

720 P.2d 671

STATE OF KANSAS, Appellee, v. JOHN PARSONS, Appellant.

Court of Appeals of Kansas.

Opinion filed May 1, 1986.

Attorney(s) appearing for the Case

Edward F. Britton, Jr., assistant public defender, for appellant.

Neal B. Brady, assistant district attorney, Clark V. Owens, district attorney, and Robert T. Stephan, attorney general, for appellee.

Before BRISCOE, P.J., BRAZIL and DAVIS, JJ.

DAVIS, J.:

The defendant, John Lee Parsons, appeals his jury conviction of felony theft, K.S.A. 21-3701. He contends that the trial court erred in failing to instruct the jury on misdemeanor theft and in denying his motion for judgment of acquittal.

The trial judge was required to instruct the jury on the lesser included offense of misdemeanor theft only if there was evidence presented at trial which would reasonably support a

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