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STATE v. JONES

No. 54,970

233 Kan. 170 (1983)

660 P.2d 965

STATE OF KANSAS, Appellant, v. LESTER DWAYNE JONES, Appellee.

Supreme Court of Kansas.

Opinion filed March 26, 1983.

Attorney(s) appearing for the Case

Geary N. Gorup, assistant district attorney, argued the cause, and Robert T. Stephan, attorney general, Clark V. Owens, district attorney, and James D. Hall, assistant district attorney, were with him on the brief for the appellant.

Vern Miller, of Miller, Connolly & Gribble, argued the cause and was on the brief for the appellee.

The opinion of the court was delivered by

LOCKETT, J.:

This is an appeal by the prosecution from an order of the court dismissing the complaint and discharging the defendant at the close of the preliminary hearing. The defendant, Lester Dwayne Jones, was charged with two counts of aggravated battery in violation of K.S.A. 21-3414. Both the prosecution and the defendant called witnesses and introduced evidence at the preliminary hearing.

The facts were...

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