No. 53,844

231 Kan. 686 (1982)

648 P.2d 716

STATE OF KANSAS, Appellant, v. JAMES C. BURKETT, SR., Appellee.

Supreme Court of Kansas.

Opinion filed July 16, 1982.

Attorney(s) appearing for the Case

John K. Bork, county attorney, argued the cause, and Robert T. Stephan, attorney general, and Julia A. Craft, legal intern, were with him on the brief for appellant.

Clinton C. Marker, of Topeka, argued the cause and Bruce K. McAlister, of Topeka, was with him on the brief for appellee.

The opinion of the court was delivered by


This is a criminal case. The State appeals, pursuant to K.S.A. 22-3602(b)(1), from the trial court's dismissal of Count I of the second amended complaint.

The facts must be stated in some detail. Defendant James C. Burkett, Sr., was originally charged with the aggravated battery of Luanne Vohs, K.S.A. 21-3414, with a deadly weapon, to-wit: an automobile. Burkett was arrested in Alabama, waived...

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