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STATE v. LOGAN & CROMWELL

No. 54,775 and No. 54,776 (Consolidated)

232 Kan. 646 (1983)

656 P.2d 777

STATE OF KANSAS, Appellant, v. J. DAVID LOGAN and JIM KEVIN CROMWELL, Appellees.

Supreme Court of Kansas.

Opinion filed January 14, 1983.

Attorney(s) appearing for the Case

C. William Ossmann, assistant district attorney, argued the cause, and Robert T. Stephan, attorney general, and Gene M. Olander, district attorney, were with him on the brief for appellant.

John C. Humpage, of Humpage, Berger and Hoffman, of Topeka, argued the cause and was on the brief for appellees.

The opinion of the court was delivered by

McFARLAND, J.:

This is a direct appeal by the State, pursuant to K.S.A. 22-3602(b)(1), from the dismissals of two criminal complaints. The two cases were consolidated on appeal by virtue of the same issue being presented in each. This issue is whether the enactment of K.S.A. 21-3301(2) eliminated the doctrine of legal impossibility as a defense to an attempt charge. It is a question of first impression.

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