STATE v. SEXTON

No. 54,303

232 Kan. 539 (1983)

657 P.2d 43

STATE OF KANSAS, Appellant, v. BOBBY R. SEXTON, JR., Appellee.

Supreme Court of Kansas.

Opinion filed January 14, 1983.


Attorney(s) appearing for the Case

Kevin P. Moriarty, assistant district attorney, argued the cause, and Robert T. Stephan, attorney general, Dennis W. Moore, district attorney, and Joseph E. Cosgrove, assistant district attorney, were with him on the brief for appellant.

Louis S. Wexler, of Wexler, Wingfield & Zemites, of Shawnee Mission, argued the cause, and William D. Wingfield and Donald L. Zemites, of the same firm were with him on the brief for appellee.


The opinion of the court was delivered by

HOLMES, J.:

This is an appeal by the State under K.S.A. 22-3602(b)(1) from the dismissal by the trial court, on motion of the defendant at the preliminary hearing stage, of criminal charges against Bobby R. Sexton, Jr. The defendant was charged with an attempt to conspire to commit murder. The trial court found there was no such crime as attempted conspiracy and therefore dismissed the action.

There...

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