STATE v. HOOD

No. 70,084

255 Kan. 228 (1994)

873 P.2d 1355

STATE OF KANSAS, Appellant, v. ROBERT EUGENE HOOD, Appellee.

Supreme Court of Kansas.

Opinion filed April 22, 1994.


Attorney(s) appearing for the Case

Caroline M. Ong, special assistant attorney general, argued the cause, and Robert T. Stephan, attorney general, was with her on the brief for appellant.

Ronald P. Wood, of Gates & Clyde, Chartered, of Overland Park, 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 State pursuant to K.S.A. 1993 Supp. 22-3602(b)(1) from the dismissal of a complaint by the magistrate at the preliminary hearing.

On June 1, 1988, Thomas M. Bowe entered into a written contract entitled "Sales Agreement" with his cousin, Robert Eugene Hood, wherein, for the consideration of $15,000, Bowe purchased 5 1/2 percent of Hood's interest in a restaurant and drinking...

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