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STATE v. BUSSE

No. 53,180

231 Kan. 108 (1982)

642 P.2d 972

STATE OF KANSAS, Appellant, v. GEORGE L. BUSSE, JR., Appellee.

Supreme Court of Kansas.

Opinion filed April 3, 1982.

Attorney(s) appearing for the Case

Jeffrey A. Chubb, county attorney, argued the cause and Robert T. Stephan, attorney general, was with him on the brief for appellant.

Stanley L. Basler, of Cherryvale, argued the cause and was on the brief for appellee.

The opinion of the court was delivered by

HOLMES, J.:

The State of Kansas appeals, pursuant to K.S.A. 22-3602(b)(3) (Ensley), from a question reserved in a criminal case. Defendant-appellee was charged with aggravated burglary and attempted rape. He was found not guilty of both charges in a trial by jury.

At defendant's preliminary hearing he was of the opinion that the ability of the State's witnesses to identify him would be a crucial issue...

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