ORDER DENYING MOTION TO DISMISS
Appellee, Jerry Allen Kahle, through his attorney of record, filed a motion to dismiss appeal with this Court. According to appellee, the State should be precluded from bringing this appeal. Appellee was charged with two counts of perjury in the District Court of Kay County, Case No. CRF-93-131. At the preliminary hearing, the magistrate dismissed Count I and the State announced its intent to appeal that decision. The written...
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