STATE v. COOPER

No. 70,748

20 Kan. App. 2d 759 (1995)

STATE OF KANSAS, Appellee, v. LONNIE T. COOPER, Appellant.

Court of Appeals of Kansas.

Opinion filed March 31, 1995.


Attorney(s) appearing for the Case

Stephen C. Moss, assistant appellate defender, and Jessica R. Kunen, chief appellate defender, for appellant.

Brian L. Leininger, assistant district attorney, Nick A. Tomasic, district attorney, and Robert T. Stephan, attorney general, for appellee.

Before LARSON, P.J., RULON and PIERRON, JJ.


RULON, J.:

Lonnie T. Cooper, defendant, appeals his jury conviction of theft, a class E felony, in violation of K.S.A. 21-3701, claiming the district court erred by excluding evidence of defendant's out-of-court statement that he was intoxicated at the time of his arrest. We affirm.

The essential facts are undisputed:

On the evening of April 26, 1991. John Carpenter reported his car stolen. John Cosgrove...

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