STATE v. NELSON

No. 76,518.

263 Kan. 115 (1997)

946 P.2d 1355

STATE OF KANSAS, Appellant, v. GARY LYLE NELSON, Appellee.

Supreme Court of Kansas.

Opinion filed October 31, 1997.


Attorney(s) appearing for the Case

Julie A. McKenna, county attorney, argued the cause, and Christina Pellant, assistant county attorney, and Carla J. Stovall, attorney general, were with her on the brief for appellant.

James L. Sweet, of Sweet & Sheahon, of Salina, argued the cause and was on the brief for appellee.


The opinion of the court was delivered by

ABBOTT, J.:

This is an appeal by the State of Kansas in a criminal prosecution from an order discharging the defendant on one count of a three-count complaint.

The State filed a three-count complaint charging Nelson with aggravated battery in Count I, driving under the influence in Count II, and consumption of alcohol by a minor in Count III. At the close of the preliminary hearing, the trial court discharged...

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