State v. Cremer

Parks, J.:

Defendant Jack Cremer appeals his jury conviction of felony theft (K.S.A. 21-3701) claiming that the trial court improperly overruled his motion to dismiss (K.S.A. 22-3208) which challenged the sufficiency of the preliminary hearing.

Defendant was employed as the manager of a Quality Oil Company station in Topeka. On Monday, September 17, 1979, defendant’s supervisor, Verlon Cooper, received a call informing him that defendant had failed to open the service station for business. Cooper checked the company’s account at the Southwest State Bank and was informed that deposits for the…