STATE, EX REL., v. SCHUTTS

No. 47,668

217 Kan. 175 (1975)

535 P.2d 982

THE STATE OF KANSAS, ex rel. SHERRY L. CARRINGTON, Appellant, v. JERRY (JEROME) SCHUTTS, Appellee.

Supreme Court of Kansas.

Opinion filed May 10, 1975.


Attorney(s) appearing for the Case

Gary H. Jarchow, assistant district attorney, argued the cause and Curt T. Schneider, attorney general, and Keith Sanborn, district attorney, were with him on the brief for appellant.

Ronald J. Wilkinson, of Wichita, argued the cause and was on the brief for appellee.


The opinion of the court was delivered by

FATZER, C.J.:

This is an appeal from an order of the district court sustaining defendant's motion to dismiss the action for lack of personal jurisdiction in a paternity proceeding brought pursuant to K.S.A. 38-1101, et seq.

At issue is whether an act of sexual intercourse between consenting parties which resulted in the conception and birth of a child in the state of Kansas constitutes "[t]he commission...

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