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STATE v. TRUDELL

No. 60,775

243 Kan. 29 (1988)

755 P.2d 511

STATE OF KANSAS, Appellant, v. STEPHEN J. TRUDELL, Appellee.

Supreme Court of Kansas.

Opinion filed April 29, 1988.

Attorney(s) appearing for the Case

Deborah S. Wilkinson, assistant district attorney, argued the cause and Robert T. Stephan, attorney general, and Clark V. Owens, district attorney, were with her on the brief for appellant.

Michael Barbara, of Wichita, argued the cause and was on the brief for appellee.

The opinion of the court was delivered by

HERD, J.:

This is an appeal by the State pursuant to K.S.A. 1987 Supp. 22-3602(b)(1) from the district court's dismissal, upon defendant Stephen Trudell's motion, of one count of aggravated vehicular homicide, K.S.A. 1987 Supp. 21-3405a.

This criminal prosecution grew out of the following facts: On the afternoon of June 29, 1986, Stephen Trudell was driving his car at a high rate of speed, trying to elude a...

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