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STATE v. COLE

No. 57,790

238 Kan. 370 (1985)

710 P.2d 25

STATE OF KANSAS, Appellant, v. STEVEN M. COLE, Appellee.

Supreme Court of Kansas.

Opinion filed December 6, 1985.

Attorney(s) appearing for the Case

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

Ernest L. Tousley, of O'Hara, O'Hara & Tousley, of Wichita, argued the cause and was on the brief for appellee.

The opinion of the court was delivered by

HERD, J.:

The State appeals from the district court's grant of defendant's motion for dismissal and discharge prior to the presentation of evidence at the preliminary hearing.

Appellee Steven Cole, an inmate in the Sedgwick County Jail, was charged with possession of a weapon without authorization or consent of the jailer in violation of K.S.A. 21-3826. A preliminary hearing was scheduled for January 7, 1985...

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