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STATE v. RUSSELL

No. 52,129

229 Kan. 124 (1981)

622 P.2d 658

STATE OF KANSAS, Appellant, v. TY W. RUSSELL, Appellee.

Supreme Court of Kansas.

Opinion filed January 17, 1981.

Attorney(s) appearing for the Case

Michael B. Buser, assistant district attorney, argued the cause, and Robert T. Stephan, attorney general, Dennis W. Moore, district attorney, and G. Joseph Pierron, assistant district attorney, were with him on the brief for the appellant.

James A. Wheeler, of Olathe, argued the cause and was on the brief for the appellee.

The opinion of the court was delivered by

McFARLAND, J.:

This is an appeal by the prosecution pursuant to K.S.A. 1979 Supp. 22-3602(b)(1) from the trial court's dismissal of two counts of an information.

In the early morning hours of September 28, 1979, a Mission, Kansas, police officer observed a pickup truck being operated by defendant near the junction of Interstate 35 and Interstate 635. The officer's radar equipment clocked the vehicle...

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