State v. Hamilton

Swinehart, J.:

This is a direct appeal from a conviction of theft by deception. The first issue presented is basically whether under the facts of this case there was sufficient evidence to find defendant guilty of theft by deception (K.S.A. 1979 Supp. 21-3701[b]).

Briefly stating the facts, defendant contacted Glenn Fire Protection to have an automatic fire extinguisher system installed in his restaurant. The system was installed on February 19, 1979. On the following day, Coley Glenn, the principal owner of the company, presented defendant with an invoice for $910 and requested payment.…