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STATE v. LESLIE

No. 57,142

237 Kan. 318 (1985)

699 P.2d 510

STATE OF KANSAS, Appellant, v. KEVIN E. LESLIE, Appellee.

Supreme Court of Kansas.

Opinion filed May 10, 1985.

Attorney(s) appearing for the Case

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

Peter John Orsi, of Wichita, argued the cause, and Robert E. Burchfiel, of Wichita, was with him on the brief for appellee.

The opinion of the court was delivered by

McFARLAND, J.:

Kevin E. Leslie was charged with a felony, aggravated sexual battery (K.S.A. 1984 Supp. 21-3518), arising from an incident which had occurred on June 1, 1984. At the preliminary hearing the magistrate declined to bind defendant over for trial on the felony and, instead, bound the defendant over on an uncharged misdemeanor, sexual battery (K.S.A. 1984 Supp. 21-3517). The magistrate then accepted defendant...

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