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STATE v. LEE AND TURNER

No. 46,769

210 Kan. 753 (1972)

504 P.2d 202

STATE OF KANSAS, Appellant, v. EVELYN LEE and ANSEL L. TURNER, Appellees.

Supreme Court of Kansas.

Opinion filed December 9, 1972.

Attorney(s) appearing for the Case

Edward J. Hund, Jr., deputy county attorney, argued the cause, and Vern Miller, attorney general, Keith Sanborn, county attorney and Barry Arbuckle, deputy county attorney, were with him on the brief for appellant.

No appearance by appellees.

The opinion of the court was delivered by

FATZER, C.J.:

This is an appeal in a criminal case initiated by the state of Kansas from the judgment of the district court sustaining the motion of the appellees, Evelyn Lee and Ansel L. Turner, to dismiss the charge against them pursuant to K.S.A. 1971 Supp. 21-3108 — the statutory equivalent of the constitutional guaranty that one may not be twice put in jeopardy for the same offense.

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