State v. Kelly

The opinion of the court was delivered by

Fromme, J.:

Thomas O. Kelly appeals from a conviction for the theft of over $50.00 by threat (K. S. A. 1973 Supp. 21-3701 [c]). He attacks the conviction on the sole ground that the prosecution violated his constitutional right of due process by withholding evidence during the trial.

A brief summary of facts will be sufficient for the purposes of this appeal. James Ruppelius was a truck driver, a resident of Rochester, Minnesota. He parked his truck at the “Slcelly Truck Shop” on the west edge of Topeka, Kansas. It was after 1:30 a. m. on September 18,…