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IN RE D.W.A.

No. 62,104

244 Kan. 114 (1988)

765 P.2d 704

In the Matter of D.W.A., Respondent.

Supreme Court of Kansas.

Opinion filed December 9, 1988.

Attorney(s) appearing for the Case

Robert T. Stephan, attorney general, Dennis W. Moore, district attorney, and John C. Fritz, assistant district attorney, were on the brief for the appellant.

Bruce E. Moore, of Cooke, Johnston, Ballweg, Christlieb, Tuley & Moore, of Leawood, was on the brief for the appellee.

The opinion of the court was delivered by

MILLER, C.J.:

D.W.A., a seventeen-year-old minor, was charged in the District Court of Johnson County under the Kansas Juvenile Offenders Code, K.S.A. 38-1601 et seq., with possession or transportation of an incendiary or explosive device in violation of K.S.A. 21-3732. The trial court sustained a defense motion to dismiss and the State appeals.

K.S.A. 21-3732 reads as follows:

"Possession or...

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