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STATE v. DEAN

No. 66,578

250 Kan. 257 (1992)

824 P.2d 978

STATE OF KANSAS, Appellant, v. LESTER B. DEAN, Appellee.

Supreme Court of Kansas.

Opinion filed January 17, 1992.

Attorney(s) appearing for the Case

W. Scott Toth, assistant district attorney, argued the cause, and Robert T. Stephan, attorney general, and Paul J. Morrison, district attorney, were with him on the brief for appellant.

Michael J. Bartee, assistant public defender, argued the cause and was on the brief for appellee.

The opinion of the court was delivered by

HERD, J.:

In this criminal action Lester B. Dean was charged with aggravated robbery, K.S.A. 21-3427, for ordering gasoline pumped into his car, which he refused to pay for; he then threatened the gas station owner and drove away. Before trial, Dean moved to dismiss the charge on the theory his acts did not constitute aggravated robbery. The district court granted Dean's motion.

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