State v. Finch

The opinion of the court was delivered by

Prager, J.:

This is a direct appeal from a conviction of theft by deception (K.S.A. 21-3701[¿].) The basic issue presented is essentially this: In order to prove a defendant guilty of theft by deception under 21-3701(b), must the state prove that the intended victim was actually deceived and actually relied on the false representation?

The state’s evidence disclosed the following factual circumstances: On January 4, 1976, at approximately 1:00 p.m. the defendant, Charlotte Finch, was observed in the Richman-Gordman store in Topeka by a security guard,…