(Download) "Clinton v. State" by Supreme Court of Kansas " Book PDF Kindle ePub Free

July 10, 2021

eBook details

Title: Clinton v. State
Author : Supreme Court of Kansas
Release Date : January 04, 1972
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 49 KB

Description

The opinion of the court was delivered by This is a direct appeal in a criminal action in which Chester
L. Clinton (defendant-appellant) was tried to a jury and
convicted of felony theft pursuant to K.S.A. 1971 Supp. 21-3701
(a). The court, having found that defendant had previously been
convicted of two felonies, applied the Habitual Criminal Act,
K.S.A. 1971 Supp. 21-4504 in imposing sentence. The facts of this
case are undisputed and no detailed statement is necessary. The
evidence was sufficient to show that appellant shoplifted a coat
from a retail store. Appellant's first point of error for reversal is that there was
insufficient evidence to support a finding that the stolen coat
had a value of $50 or more which would make the offense a felony.
Appellant further contends that the trial court's instruction on
value was erroneous because it failed properly to instruct on the
meaning of market value and, as given, was a comment on the
evidence. The record indicates that evidence was introduced as to
both the retail and wholesale price of the coat, the former being
$69.95 and the latter being $37.80. The testimony also showed the
procedure for [210 Kan. 328]