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STATE v. HUGHES

No. 63,442

246 Kan. 607 (1990)

792 P.2d 1023

STATE OF KANSAS, Appellant, v. RANDY L. HUGHES, Appellee.

Supreme Court of Kansas.

Opinion filed May 25, 1990.

Attorney(s) appearing for the Case

Debra Byrd Wagner, assistant district attorney, argued the cause, and Mona Furst, assistant district attorney, Nola Foulston, district attorney, and Robert T. Stephan, attorney general, were on the brief for the appellant.

Stephen B. Plummer, of Rumsey, Richey & Plummer, of Wichita, argued the cause and was on the brief for the appellee.

The opinion of the court was delivered by

MILLER, C.J.:

The defendant, Randy L. Hughes, was charged in Sedgwick district court with promoting obscenity by selling two obscene devices contrary to K.S.A. 21-4301. The trial court found the provisions of K.S.A. 21-4301(1), (2), and (3)(c) to be unconstitutionally overbroad and dismissed the case. The State appeals pursuant to K.S.A. 1989 Supp. 22-3601(b)(2) and K.S.A. 22-3602(b)(1).

Hughes, the manager...

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