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STATE v. FITZGERALD

No. 59,013

240 Kan. 187 (1986)

726 P.2d 1344

STATE OF KANSAS, Appellant, v. DAN L. FITZGERALD, Appellee.

Supreme Court of Kansas.

Opinion filed October 31, 1986.

Attorney(s) appearing for the Case

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

There was no appearance by appellee.

The opinion of the court was delivered by

HOLMES, J.:

The State of Kansas appeals, pursuant to K.S.A. 22-3602, upon a question reserved following the trial court's discharge of the defendant in an action charging him with bigamy (K.S.A. 21-3601).

The facts are not in dispute. Dan and Donna Fitzgerald were married on August 1, 1980, at El Paso, Texas. In January 1983, the couple moved to Manhattan. While they lived in Manhattan, Dan attended school...

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