STATE v. HOOPENGARNER

No. 44,105

195 Kan. 114 (1965)

402 P.2d 815

STATE OF KANSAS, Appellant, v. ROBERT HOOPENGARNER, Appellee.

Supreme Court of Kansas.

Opinion filed June 12, 1965.


Attorney(s) appearing for the Case

Robert M. Brown, county attorney, argued the cause, and Robert C. Londerholm, attorney general, and Sherman A. Parks, assistant county attorney, were with him on the brief for the appellant.

No appearance for appellee.


The opinion of the court was delivered by

ROBB, J.:

The state appeals from the order of the trial court sustaining defendant's motion to discharge in a criminal prosecution for first degree robbery under K.S.A. 21-527 because defendant, who had been confined to the locked ward of the Veterans Administration Hospital for the past four years, was legally insane. This is the only question here for appellate review.

Defendant was charged with first degree...

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