STATE v. FINICAL

No. 69,050

254 Kan. 529 (1994)

867 P.2d 322

STATE OF KANSAS, Appellant, v. GEORGE J. FINICAL, et al., Appellees.

Supreme Court of Kansas.

Opinion filed January 21, 1994.


Attorney(s) appearing for the Case

Steven B. Doering, special prosecutor, argued the cause, and Robert T. Stephan, attorney general, was with him on the brief for appellant.

Donald R. Hoffman, of Tilton & Hoffman, of Topeka, argued the cause and was on the brief for appellee George J. Finical.

Evelyn Zabel Wilson, of Wright, Henson, Somers, Sebelius, Clark & Baker, of Topeka, argued the cause and was on the brief for appellee Harry L. Hunsley.

Gaylord Reichart, of Reichart & Soltz, of Overland Park, was on the brief for appellee Glenn Birk.

J. Roy Holliday, Jr., of Speer, Austin, Holliday & Zimmerman, of Olathe, was on the brief for appellees Simmons Quarries, Inc., et al.

Steven L. Davis, of Patton, Davis & Putnam, of Emporia, was on the brief for appellee Melvin Cummings.

Don C. Krueger, of Krueger & Huth Law Offices, of Emporia, was on the brief for appellee Melvin Bunge.

Jeffry J. Larson, of Krueger Law Offices, Chartered, of Emporia, was on the brief for appellee Vernon Sergeant.


The opinion of the court was delivered by

DAVIS, J.:

The State appeals the dismissal of nine indictments in eight separate actions. The eight separate actions were consolidated below for the purposes of the defendants' motion to dismiss and again for purposes of this appeal. We deny the appeal of the State for reasons set forth in this opinion.

On May 12, 1992, pursuant to K.S.A. 22-3001(2), a petition for...

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