State v. Whorton

The opinion of the court was delivered by

Schroeder, C.J.:

This is an appeal in a criminal action by the State from an order dismissing the complaint-information charging B. G. Whorton (defendant-appellee) with sixteen counts of felony theft in violation of K.S.A. 21-3701.

The State argues the trial court erred as a matter of law in dismissing the complaint-information because it relied on extrinsic evidence outside the four corners of the information to find the information insufficient.

The defendant was charged in a complaint-information filed July 18, 1977, with sixteen counts of felony…