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STATE v. WINTER

No. 57,865

238 Kan. 530 (1986)

712 P.2d 1228

STATE OF KANSAS, Appellant, v. CHRISTAL L. WINTER, Appellee.

Supreme Court of Kansas.

Opinion filed January 17, 1986.

Attorney(s) appearing for the Case

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

Jerry L. Berg, of Law Offices of Jerry L. Berg, P.A., of Wichita, was on the brief for appellee.

The opinion of the court was delivered by

MILLER, J.:

Christal L. Winter was charged in the District Court of Sedgwick County with theft of more than $150 belonging to Cricket Alley, Inc., contrary to K.S.A. 1984 Supp. 21-3701(a), a class E felony. The trial court sustained defendant's motion to dismiss and the State appeals. The material facts are as follows.

On Friday, September 7, 1984, shortly after 9:00 p.m., the assistant manager of Cricket Alley...

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