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CITY OF TOPEKA v. HOLLENBECK

No. 49,359

2 Kan. App. 2d 444 (1978)

581 P.2d 401

CITY OF TOPEKA, KANSAS, Appellant, v. ROY A. HOLLENBECK, Appellee.

Court of Appeals of Kansas.

Opinion filed July 21, 1978.

Attorney(s) appearing for the Case

Leonard M. Robinson, assistant city attorney, and Dan E. Turner, city attorney, for appellant.

No appearance for appellee.

Before FOTH, C.J., PARKS and SWINEHART, JJ.

FOTH, C.J.:

This is an appeal by the city from an order of the district court dismissing a prosecution. The defendant was tried in municipal court and convicted of disorderly conduct and resisting an officer, in violation of city ordinances. He appealed to district court and there moved that the case be dismissed because the complaint had not been sworn to. The district court found that the complaint had been properly verified but, on its own initiative, inquired...

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