State v. Etape

The opinion of the court was delivered by

Schroeder, C.J.:

This is an appeal by the State from the trial court’s acquittal of Maxwell E. Etape (defendant-appellee), who had been charged with felony theft. K.S.A. 1984 Supp. 21-3701(a). The trial court sustained defendant’s motion to dismiss at the close of the State’s case based upon the conclusion of law that the mechanic who had repaired the defendant’s vehicle and who had a mechanic’s lien upon such vehicle was not an “owner” as defined by Kansas law, and, therefore, the defendant’s removal of such vehicle from the mechanic’s possession…