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IN RE HABEAS CORPUS PETITION OF LUCAS

No. 64,254

246 Kan. 486 (1990)

789 P.2d 1157

In The Matter of the Petition of ROBERT LYNN LUCAS for a Writ of Habeas Corpus.

Supreme Court of Kansas.

Opinion filed April 13, 1990.

Attorney(s) appearing for the Case

B. Kay Huff, of Olathe, argued the cause for petitioner.

Robin A. Lewis, assistant district attorney, argued the cause for respondent.

The opinion of the court was delivered by

McFARLAND, J.:

In this original habeas corpus proceeding, Robert Lynn Lucas contends that bringing him to trial on an amended charge of second-degree murder would violate his state and federal constitutional rights not to be placed in jeopardy twice for the same offense.

Lucas was convicted by jury trial of two counts of child abuse, K.S.A. 21-3609 (one count as to victim Shannon Woodside and

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