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STATE v. G.W.A.

No. 72,844

258 Kan. 703 (1995)

STATE OF KANSAS, Appellant, v. G.W.A., Appellee.

Supreme Court of Kansas.

Opinion filed December 8, 1995.

Attorney(s) appearing for the Case

Stephen F. Howe, assistant district attorney, argued the cause, and Karen L. Torline, assistant district attorney, Jon E. Thornbrugh, legal intern, Paul J. Morrison, district attorney, and Carla J. Stovall, attorney general, were with him on the brief for the appellant.

Steven R. Zinn, deputy appellate defender, argued the cause, and Jessica R. Kunen, chief appellate defender, was with him on the brief for the appellee.

The opinion was delivered by

ABBOTT, J.:

This is a direct appeal by the State from the trial court's judgment of acquittal. We find the dispositive fact to be that the State did not properly reserve the question for appeal.

Highly summarized, the defendant was previously adjudicated as a juvenile offender because he made a terroristic threat. The court ordered the defendant placed in the Youth Center at Topeka. While awaiting transportation to Topeka...

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