STATE v. BURRELL

No. 57,074

237 Kan. 303 (1985)

699 P.2d 499

STATE OF KANSAS, Appellant, v. KENNETH L. BURRELL, Appellee.

Supreme Court of Kansas.

Opinion filed May 10, 1985.


Attorney(s) appearing for the Case

Robert T. Stephan, attorney general, Clark V. Owens, district attorney, and James D. Hall, assistant district attorney, were on the brief for the appellant.

Lee E. Parker, of Wichita, and Vern Miller, also of Wichita, were on the brief for the appellee.


The opinion of the court was delivered by

SCHROEDER, C.J.:

This is an appeal by the prosecution from an order of the trial court dismissing and discharging the defendant at the close of the preliminary hearing. The defendant, Kenneth L. Burrell, was charged with two counts of involuntary manslaughter contrary to K.S.A. 1984 Supp. 21-3404.

The sole issue on appeal is whether the trial court erred in finding the crime of involuntary manslaughter was...

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