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STATE v. FREEMAN

No. 56,610

236 Kan. 274 (1984)

689 P.2d 885

STATE OF KANSAS, Appellant, v. JAMES D. FREEMAN, II, Appellee.

Supreme Court of Kansas.

Opinion filed October 26, 1984.

Attorney(s) appearing for the Case

C.L. Laman, county attorney, argued the cause, and Robert T. Stephan, attorney general, was with him on the brief for appellant.

Lawrence R. Uri, Jr., of Paulsen, Buechel, Swenson, Uri & Brewer, Chartered, of Concordia, argued the cause and was on the brief for appellee.

The opinion of the court was delivered by

LOCKETT, J.:

This is an appeal by the State of Kansas in a criminal prosecution from an order of the district court dismissing two counts of a four-count indictment. This case was before the Supreme Court once before on a State's appeal but was dismissed because this court lacked jurisdiction under K.S.A. 22-3602(b). The facts of the case, as set forth in State v. Freeman, 234 Kan. 278

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