State v. Winter

The opinion of the court was delivered by

Miller, J.:

Christal L. Winter was charged in the District Court of Sedgwick County with theft of more than $150 belonging to Cricket Alley, Inc., contrary to K.S.A. 1984 Supp. 21-3701(a), a class E felony. The trial court sustained defendant’s motion to dismiss and the State appeals. The material facts are as follows.

On Friday, September 7, 1984, shortly after 9:00 p.m., the assistant manager of Cricket Alley, a clothing store, placed a bank bag containing the store’s receipts in a bank night deposit drop. Unbeknown to her, the drop was inoperative and…