Supreme Court of Kansas June 14, 1975, 47,748 (State v. Russell)

The opinion of the court was delivered by

Foth, C.:

The issue in this case is whether a creditor may lawfully use the threat of force to collect a debt he honestly believes is due him. The defendant Howard Russell used that means of collecting $1,883.57, and was charged with a class D felony, namely, theft by threat in violation of K. S. A. 21-3701 (c).