State v. Howard

The opinion of the court was delivered by

Miller, J.:

Donald W. Howard appeals from his conviction by a jury of unlawfully using a credit card to obtain property of the value of more than $50 in violation of K. S. A. 21-3729 (1) (a), a class E felony, and from his sentence to imprisonment for not less than one nor more than five years.

The main thrust of defendant’s argument on appeal is that the statute requires that a credit card be physically produced and displayed in the commission of the offense. Based upon this premise, Howard contends that the evidence failed to establish a prima facie…