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STATE EX REL. ROME v. FOUNTAIN

No. 55,477

234 Kan. 943 (1984)

678 P.2d 146

STATE OF KANSAS, ex rel. RICHARD J. ROME, Appellant, v. JAMES FOUNTAIN and JOSEPH P. O'SULLIVAN, III, Appellees.

Supreme Court of Kansas.

Opinion filed February 18, 1984.

Attorney(s) appearing for the Case

Richard J. Rome, of Hutchinson, argued the cause and was on the briefs pro se for the appellant.

Charles K. Hyter, of Hutchinson, argued the cause and was on the brief for the appellee, James Fountain.

William L. Mitchell, of Mitchell and Henry, of Hutchinson, argued the cause and was on the briefs for the appellee, Joseph P. O'Sullivan, III.

The opinion of the court was delivered

Per Curiam:

This is a consolidated appeal of two criminal cases in which defendants, James Fountain and Joseph P. O'Sullivan, III, were each charged with multiple counts of perjury (K.S.A. 21-3805). For purposes of this appeal, the facts are undisputed and essentially are as follows: On March 9, 1981, Richard J. Rome filed two criminal complaints in Reno County District Court against the defendants. At the time...

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