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STATE v. LOGAN

No. 44,201

198 Kan. 211 (1967)

424 P.2d 565

STATE OF KANSAS, Appellant, v. JAMES AARON LOGAN, Appellee.

Supreme Court of Kansas.

Opinion filed March 4, 1967.

Attorney(s) appearing for the Case

Sherman A. Parks, assistant attorney general, argued the cause, and Robert C. Londerholm, attorney general, Leo J. Moroney, county attorney, and Francis D. Menghini, assistant county attorney, were with him on the brief for the appellant.

No appearance for the appellee.

George L. Gisler, of Kansas City, Missouri, and John Anderson, Jr., of Olathe, filed a brief for amicus curiae, Berbiglia, Inc.

The opinion of the court was delivered by

O'CONNOR, J.:

This is an appeal by the state in a criminal action on questions reserved pursuant to K.S.A. 62-1703 (third). The defendant was acquitted of the charges leveled against him and, regardless of the disposition of the case, cannot be retried. (State v. Inzerillo, 191 Kan. 586, 383 P.2d 546

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