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STATE v. HENWOOD

No. 61,628

243 Kan. 326 (1988)

756 P.2d 1087

STATE OF KANSAS, Appellant, v. GUY V. HENWOOD, Appellee.

Supreme Court of Kansas.

Opinion filed June 3, 1988.

Attorney(s) appearing for the Case

Mona Furst, assistant district attorney, Clark V. Owens, district attorney, and Robert T. Stephan, attorney general, were on the brief for appellant.

Cheryl J. Roberts, assistant public defender, was on the brief for appellee.

The opinion of the court was delivered by

ALLEGRUCCI, J.:

This is an appeal by the State pursuant to K.S.A. 1987 Supp. 22-3602(b)(1) from the district court's granting of the defendant's motion to dismiss one count of theft, K.S.A. 1987 Supp. 21-3701(a).

The facts are not in dispute. The defendant failed to return the 1979 Chevrolet Monte Carlo which he borrowed from a friend on December 16, 1986. On December 30, 1986, the defendant was charged in...

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