STATE v. COPES

No. 60,721

244 Kan. 604 (1989)

772 P.2d 742

STATE OF KANSAS, Appellee, v. THEON COPES, JR., Appellant.

Supreme Court of Kansas.

Opinion filed April 14, 1989.


Attorney(s) appearing for the Case

Oneil Davis, of Lewis & Davis, of Wichita, was on the brief for appellant.

Debra L. Barnett, assistant district attorney, Clark V. Owens, district attorney, and Robert T. Stephan, attorney general, were on the brief for appellee.


The opinion of the court was delivered by

LOCKETT, J.:

Theon Copes, Jr. appeals his conviction of felony theft, K.S.A. 21-3701, claiming the district court erred by not hearing and granting his motion for judgment of acquittal at the close of the State's evidence. The Court of Appeals held that, although the trial court erred, the defendant had waived the error by subsequently participating in the cross-examination of the codefendant's witnesses. We granted...

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