STATE v. WADE

No. 61,678

244 Kan. 136 (1989)

766 P.2d 811

STATE OF KANSAS, Appellee, v. GARY WADE, Appellant.

Supreme Court of Kansas.

Opinion filed January 3, 1989.


Attorney(s) appearing for the Case

Karen E. Mayberry, assistant appellate defender, argued the cause, and Benjamin C. Wood, chief appellate defender, was with her on the briefs for appellant.

Sue Carpenter, assistant district attorney, argued the cause, and Susan Stanley, assistant district attorney, Gene M. Olander, district attorney, and Robert T. Stephan, attorney general, were on the brief for appellee.


The opinion of the court was delivered by

SIX, J.:

Gary Wade was convicted of aggravated criminal sodomy, K.S.A. 1987 Supp. 21-3506.

The first issue in his appeal is whether the trial court had jurisdiction. Was the criminal complaint, used as an information, defective because it failed to allege that the five-year-old child victim, S.E., was not married to the offender?

The trial court did have jurisdiction. The information was not defective...

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