State v. Small

Foth, C.J.:

Tim Small appeals from his conviction by a jury of conspiracy to steal over $100 worth of merchandise from an Aleo department store in Hutchinson, Kansas. He challenges the sufficiency of the evidence and the admission of certain exhibits.

Participants in the conspiracy were alleged to be the defendant, his friend Michael Franklin, and Michael’s girl friend Trudy Ahrens, a cashier at the Aleo store. Participating in the events but not alleged to be a conspirator was defendant’s girl friend, Pam Curtiss. The State’s theory was that over a three-week period ending in mid-January,…