State v. Green

The opinion of the court was delivered by

Schroeder, C.J.:

This is an appeal by the prosecution from an order of the court dismissing the complaint and discharging the defendant at the close of the preliminary hearing. The defendant, Thomas Dean Green, was charged with one count of theft in violation of K.S.A. 21-3701.

The sole issue on appeal is whether the State presented sufficient evidence to have the defendant bound over for trial.

*147The facts disclosed at the preliminary examination, concisely stated, were as follows: Around midnight on the evening of January 24, 1984, the defendant and his…