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STATE v. THOMPSON

No. 57,528

237 Kan. 562 (1985)

701 P.2d 694

STATE OF KANSAS, Plaintiff/Appellant, v. BILLY LEE THOMPSON, Defendant/Appellee.

Supreme Court of Kansas.

Opinion filed June 21, 1985.

Attorney(s) appearing for the Case

John L. Swarts, III, assistant county attorney, argued the cause, and Robert T. Stephan, attorney general, was with him on the brief for appellant.

Craig J. Altenhofen, of Harper & Hornbaker, Chartered, of Junction City, argued the cause and was on the brief for appellee.

The opinion of the court was delivered by

LOCKETT, J.:

This is an appeal by the State from a decision in the district court of Geary County in which the court found that K.S.A. 21-4113(1)(a), harassment by telephone, is unconstitutional.

In September 1984, Billy Lee Thompson was summoned to appear in the district court of Geary County on charges of violating K.S.A. 21-4113(1)(a) on two occasions. Thompson appeared with counsel, waived formal arraignment...

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