STATE v. ROSS

No. 64,402

247 Kan. 191 (1990)

795 P.2d 937

STATE OF KANSAS, Appellant, v. WILLIAM E. ROSS, Appellee.

Supreme Court of Kansas.

Opinion filed July 13, 1990.


Attorney(s) appearing for the Case

Kevin C. Fletcher, assistant county attorney, argued the cause, and Robert T. Stephan, attorney general, was with him on the brief for appellant.

Kerry J. Granger, of Hutchinson, argued the cause and was on the brief for appellee.


The opinion of the court was delivered by

McFARLAND, J.:

This is an appeal by the prosecution, pursuant to K.S.A. 22-3602(b)(1), from the district court's dismissal of the complaint filed herein. The district court held that the South Hutchinson police officer who arrested the defendant in Hutchinson was not assisting Hutchinson police officers at the time and, hence, had no authority to arrest the defendant.

The pertinent statute is K.S.A. 22-2401a...

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