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STATE v. PUCKETT

No. 59,284

240 Kan. 393 (1986)

729 P.2d 458

STATE OF KANSAS, Appellant, v. JOHN DAVID PUCKETT, Appellee.

Supreme Court of Kansas.

Opinion filed December 5, 1986.

Attorney(s) appearing for the Case

Bruce W. Beye, assistant district attorney, argued the cause, and Robert T. Stephan, attorney general, and Dennis W. Moore, district attorney, were with him on the brief for appellant.

J.R. Russell, of Kansas City, argued the cause and was on the brief for appellee.

The opinion of the court was delivered by

HOLMES, J.:

This is an appeal by the State pursuant to K.S.A. 22-3602(b)(1) from an order discharging the defendant John David Puckett at the end of his second preliminary hearing on a criminal complaint charging one count of making a terroristic threat (K.S.A. 1985 Supp. 21-3419).

The facts are not in dispute. On the evening of August 30, 1985, the prosecutrix, Nancy...

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