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STATE v. BRANTLEY

No. 56,469

236 Kan. 379 (1984)

691 P.2d 26

STATE OF KANSAS, Appellant, v. EDWARD F. BRANTLEY, Appellee.

Supreme Court of Kansas.

Opinion filed November 30, 1984.

Attorney(s) appearing for the Case

David J. King, assistant county attorney, argued the cause and Robert T. Stephan, attorney general, and Robert E. Davis, county attorney, were with him on the brief for appellant.

Benjamin Wood, of Legal Services for Prisoners, Inc., of Lansing, argued the cause, and Eric A. Stahl, of the same organization, was with him on the brief for appellee.

Susan O. Nugent, legal counsel for the Kansas State Industrial Reformatory, of Hutchinson, was on the brief amicus curiae.

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 an order of the district court dismissing a felony murder charge against defendant, Edward F. Brantley.

Defendant is an inmate at the state penitentiary in Lansing. The State's complaint alleged that on September 27, 1983, defendant stabbed and killed Lawrence Matthews, Jr., another inmate, with a knife. The first count charged defendant...

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