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STATE v. O'NEAL

No. 66,395

250 Kan. 229 (1992)

824 P.2d 967

STATE OF KANSAS, Appellant, v. CENCIL O'NEAL, Appellee.

Supreme Court of Kansas.

Opinion filed January 17, 1992.

Attorney(s) appearing for the Case

Thomas P. Alongi, assistant county attorney, argued the cause, and Robert T. Stephan, attorney general, was with him on the briefs for appellant.

Rick Kittel, assistant appellate defender, argued the cause, and Jessica R. Kunen, chief appellate defender, was with him on the brief for appellee.

The opinion of the court was delivered by

HERD, J.:

In this criminal action, Cencil O'Neal was charged with perjury, K.S.A. 1990 Supp. 21-3805. At the preliminary hearing, the district court dismissed the charge against O'Neal, finding the military officer who had taken O'Neal's statement was acting outside his authority as a notary public. The State appeals the district court's decision.

Cencil O'Neal was...

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