State v. Henwood

The opinion of the court was delivered by

Allegrucci, J.:

This is an appeal by the State pursuant to K.S.A. 1987 Supp. 22-3602(b)(l) from the district court’s granting of the defendant’s motion to dismiss one count of theft, K.S.A. 1987 Supp. 21-3701(a).

The facts are not in dispute. The defendant failed to return the 1979 Chevrolet Monte Carlo which he borrowed from a friend on December 16, 1986. On December 30, 1986, the defendant was charged in Clay County, Missouri, with receiving the stolen 1979 Chevrolet Monte Carlo, pursuant to Mo. Rev. Stat. § 570.080 (1986). On the next day, the…