State v. Saylor

The opinion of the court was delivered by

Prager, J.:

This is a direct appeal from a conviction of theft by deception (K.S.A. 1979 Supp. 21-3701[b]). The Court of Appeals in a published opinion, State v. Saylor, 4 Kan. App. 2d 563, 608 P.2d 421 (1980), reversed and remanded with directions to grant the defendant a new trial on the lesser included offense of attempt to commit theft by deception. We granted review on petition of the State.

The facts in the case are well summarized in the opinion of the Court of Appeals. On September 27, 1978, in the city of Lawrence, a K-Mart store security…