STATE v. SMITH

No. 78,902.

268 Kan. 222 (1999)

993 P.2d 1213

STATE OF KANSAS, Appellee, v. WILLIE SMITH, JANET JARRELL, DAVID GAULT, FREDERICK LOEB, and ADAM J. GAULT, Appellants.

Supreme Court of Kansas.

Opinion filed December 10, 1999.


Attorney(s) appearing for the Case

J.Charles Droege, of Overland Park, argued the cause for appellant Willie Smith; Frank P. Gilman, of Overland Park, argued the cause for appellant David Gault; James C. Trickey, of Overland Park, was with them on the brief for appellant Janet Jarrell; and Jonathan Bortnick, of Kansas City, Missouri, was with them on the brief for appellant Frederick Loeb.

Mary Curtis, assistant appellate defender, argued the cause, and Jessica R. Kunen, chief appellate defender, was with her on the brief for appellant Adam J. Gault.

Richard G. Guinn, assistant district attorney, argued the cause, and Steven. J. Obermeier, assistant district attorney, Paul J. Morrison, district attorney, and Carla J. Stovall, attorney general, were with him on the brief for appellee.


The opinion of the court was delivered by

LOCKETT, J.:

Five defendants tried in a consolidated trial appeal convictions of conspiracy to commit theft by deception, contrary to K.S.A. 21-3701(a)(2) and K.S.A. 21-3302. Defendants claim (1) the complaint was defective for charging a single conspiracy; (2) the district court erroneously failed to sever the trials of individual defendants; (3) there is insufficient evidence to sustain the convictions; (4) the district...

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