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STATE v. BANDT

No. 48,043

219 Kan. 816 (1976)

549 P.2d 936

THE STATE OF KANSAS, Appellee, v. DAN D. BANDT, Appellant.

Supreme Court of Kansas.

Opinion filed May 8, 1976.

Attorney(s) appearing for the Case

Gregory J. Herrman, of Hays, argued the cause, and was on the brief for the appellant.

Philip A. Harley, assistant attorney general, argued the cause, and Curt T. Schneider, attorney general, and Roger M. Theis, assistant attorney general, were with him on the brief for the appellee.

The opinion of the court was delivered by

PRAGER, J.:

This is a direct appeal in a criminal action in which the defendant-appellant, Dan D. Bandt, was convicted by a jury of three counts of theft. (K.S.A. 21-3701 [d]) and one count of illegal removal of a motor vehicle identification number (K.S.A. 1973 Supp. 8-113). The evidence presented at the trial was not greatly in dispute and was essentially as follows: The defendant Bandt and Lyman Coomes entered...

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