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(DOWNLOAD) "State v. Henwood" by Supreme Court of Kansas # Book PDF Kindle ePub Free

State v. Henwood

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eBook details

  • Title: State v. Henwood
  • Author : Supreme Court of Kansas
  • Release Date : January 03, 1988
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 53 KB

Description

The opinion of the court was delivered by This is an appeal by the State pursuant to K.S.A. 1987 Supp.
22-3602(b)(1) from the district court's granting of the
defendant's motion to dismiss one count of theft, K.S.A. 1987
Supp. 21-3701(a). The facts are not in dispute. The defendant failed to return
the 1979 Chevrolet Monte Carlo which he borrowed from a friend on
December 16, 1986. On December 30, 1986, the defendant was
charged in Clay County, Missouri, with receiving the stolen 1979
Chevrolet Monte Carlo, pursuant to Mo. Rev. Stat. § 570.080
(1986). On the next day, the defendant was charged with theft of
the same 1979 Monte Carlo in Sedgwick County, Kansas, pursuant to
K.S.A. 1987 Supp. 21-3701(a). On February 11, 1987, the defendant
pled guilty in Missouri to an amended misdemeanor charge of
receiving stolen property and was sentenced to one year in the
county jail and costs. The defendant moved to dismiss the
complaint filed in Sedgwick County on September 4, 1987,
asserting double jeopardy pursuant to K.S.A. 21-3108(3)(a). The
district court granted defendant's motion and dismissed the case.
The State appeals from the dismissal.


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