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STATE v. CORBY

No. 57,341

237 Kan. 387 (1985)

699 P.2d 51

STATE OF KANSAS, Appellant, v. ROBERT D. CORBY, 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 Byron L. Sloan, assistant district attorney, Clark v. Owens, district attorney, and Robert T. Stephan, attorney general, were with him on the brief for appellant.

Thomas E. Malone, of Redmond, Redmond, O'Brien and Nazar, of Wichita, argued the cause and was on the brief for appellee.

The opinion of the court was delivered by

MILLER, J.:

This is an appeal by the State on a question reserved, following an order discharging the defendant in a criminal case.

The defendant, Robert D. Corby, was charged with damaging property to the extent of more than $100 by breaking a plate glass door. At the preliminary hearing Norma Hutchinson testified on direct examination that she was running the bar at the Mohney-Stony Inn in Wichita on March...

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