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STATE v. HUNTER

No. 54,830

232 Kan. 853 (1983)

658 P.2d 1050

STATE OF KANSAS, Appellant, v. JERRY B. HUNTER, Appellee.

Supreme Court of Kansas.

Opinion filed February 19, 1983.

Attorney(s) appearing for the Case

Jerry L. Harper, district attorney, argued the cause, and Robert T. Stephan, attorney general, was with him on the brief for appellee.

Michael E. Riling, of Riling, Norwood, Burkhead & Fairchild, Chartered, of Lawrence, argued the cause, and Wesley M. Norwood, of the same firm, was with him on the brief for appellant.

The opinion of the court was delivered by

MILLER, J.:

This is an appeal by the prosecution from an order of the court made at the close of a preliminary examination, dismissing the complaint and discharging the defendant.

The defendant, Jerry B. Hunter, was charged with aggravated assault on a law enforcement officer, K.S.A. 21-3411. The State's evidence was that Officer Charles Johnson, of the Lawrence, Kansas, police department, while dressed in...

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