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STATE v. KEARNS

No. 52,461

229 Kan. 207 (1981)

623 P.2d 507

STATE OF KANSAS, Appellant, v. VICTOR W. KEARNS, JR., Appellee.

Supreme Court of Kansas.

Opinion filed February 11, 1981.

Attorney(s) appearing for the Case

Elsbeth D. Schafer, assistant attorney general, argued the cause and Robert T. Stephan, attorney general, was with her on the brief for the appellant.

Robert E. Keeshan, of Scott, Quinlan & Hecht, of Topeka, argued the cause and Jack A. Quinlan, of the same firm was with him on the brief for the appellee.

The opinion of the court was delivered by

HERD, J.:

Victor W. Kearns, Jr., defendant-appellee, was charged with three counts of fraudulent reporting of election campaign financing in violation of K.S.A. 1980 Supp. 25-4129. Kearns filed a motion to dismiss on the grounds the statute is unconstitutional. The trial court sustained defendant's motion and dismissed the complaint. The State appealed. Kearns cross-appealed from the trial court's order overruling...

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