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STATE v. LOWE

No. 57,848

238 Kan. 755 (1986)

715 P.2d 404

STATE OF KANSAS, Appellee, v. JAMES SALVATORE LOWE, Appellant.

Supreme Court of Kansas.

Opinion filed February 21, 1986.

Attorney(s) appearing for the Case

James F. Vano, of Overland Park, argued the cause and David R. Gilman, of Overland Park, was with him on the brief for appellant.

Bruce W. Beye, assistant district attorney, argued the cause and Robert T. Stephan, attorney general, and Dennis W. Moore, district attorney, were with him on the brief for appellee.

The opinion of the court was delivered by

HOLMES, J.:

James S. Lowe appeals from his conviction by a jury of one count of misdemeanor theft (K.S.A. 1985 Supp. 21-3701). Lowe was acquitted of a second charge alleging burglary (K.S.A. 21-3715).

The facts as shown at trial were mainly undisputed. On the evening of January 3, 1984, a young man was observed entering the garage of the Lange residence in Overland Park, Kansas. This observation was made by...

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