STATE v. KRISS

No. 54,026

232 Kan. 301 (1982)

654 P.2d 942

STATE OF KANSAS, Appellant, v. SANDRA KRISS, Appellee.

Supreme Court of Kansas.

Opinion filed December 3, 1982.


Attorney(s) appearing for the Case

John M. Duma, assistant district attorney, argued the cause and Robert T. Stephan, attorney general, and Nick A. Tomasic, district attorney, were with him on the brief for appellant.

Charles S. Scott, of Scott, Scott, Scott & Scott, of Topeka, argued the cause and was on the brief for appellee.


The opinion of the court was delivered by

MILLER, J.:

The issue presented in this appeal is whether K.S.A. 17-1921 is constitutional. The defendant, Sandra Kriss, was charged with violation of that statute. Trial was held to the court, and after both parties had rested the court found the statute unconstitutional and discharged the accused. The prosecution brings the matter before us as a question reserved, pursuant to K.S.A. 22-3602(b)(3).

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