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STATE v. McAFFRY

Nos. 78,820, 78,821.

263 Kan. 521 (1997)

949 P.2d 1137

STATE OF KANSAS, Appellant, v. MARYL McAFFRY and JERRY W. TUGGLE, Appellees.

Supreme Court of Kansas.

Opinion filed December 12, 1997.

Attorney(s) appearing for the Case

Amelia J. McIntyre, of Kansas Department of Wildlife and Parks, argued the cause, and John S. Sutherland, county attorney, was with her on the briefs for appellant.

Jesse T. Randall, of Mound City, argued the cause and was on the brief for appellees.

The opinion of the court was delivered by

ABBOTT, J.:

The State appeals from the trial court's decision holding K.S.A. 32-1003(g) is unconstitutionally overbroad. K.S.A. 32-1003(g) was amended in 1997, and there are no other cases pending at any level in the court system involving this version of K.S.A. 32-1003(g).

Defendants Maryl McAffry and Jerry Tuggle were charged with violating K.S.A. 32-1003(g), which...

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