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IN RE HABEAS CORPUS PETITION OF MASON

No. 63,157

245 Kan. 111 (1989)

775 P.2d 179

In The Matter of the Petition of JAMES O. MASON for a Writ of Habeas Corpus.

Supreme Court of Kansas.

Opinion filed May 26, 1989.

Attorney(s) appearing for the Case

Becky C. Hurtig, assistant public defender, of Wichita, Steven R. Zinn, deputy appellate defender, and Jessica R. Kunen, chief appellate defender, of Topeka, for the petitioner.

Debra L. Barnett and Debra S. Byrd, assistant district attorneys, for respondent.

The opinion of the court was delivered by

HERD, J.:

James Mason petitions for a writ of habeas corpus, claiming the district court erred in denying his motion for dismissal of criminal charges filed against him by the State because a second trial will violate his 5th Amendment right against double jeopardy.

Mason was brought to trial October 24, 1988, on charges of attempted rape, K.S.A. 21-3301, 21-3502;...

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