State v. Gainer

The opinion of the court was delivered by

Fromme, J.:

The State appeals from the court’s dismissal of a charge of theft (K.S.A. 21-3701 [a]) following the preliminary hearing. Such appeals by the prosecution are authorized by K.S.A. 1979 Supp. 22-3602(b)(l). The facts may be summarized as follows:

On April 30, 1979, Mrs. Agnes Knipper called the police department and reported that a young man was carrying a concealed weapon and had just left her store. She told the officers that he had a gun tucked into his belt underneath his shirt. She gave the officers a complete description of the young man,…