The following case summaries are provided by Stacey L. Schlimmer. For complete case opinions visit kscourts.org. All cases are individual and in no way do these cases reflect every case.
STATE OF KANSAS V. KATRON HARRIS, No. 104656 (8/16/13) (Kan.)(published)
THEFT BY FORCE
The state charged the defendant with robbery pursuant to K.S.A. 21-3426. The robbery statute allows the state to charge a person by “taking from the person or presence of another by force or threat of bodily harm to any person” The state specifically charged the defendant “by threat of bodily harm” rather than “by force”, and the trial court instructed the jury that way. The defendant agreed that there was evidence sufficient to charge for “robbery by force” but not for “by threat of bodily harm.” There was no direct evidence that the defendant communicated any threat. The Court looked to some far-reaching circumstantial evidence to hold that the evidence was sufficient.