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STATE v. SEABURY

No. 81,634.

267 Kan. 431 (1999)

985 P.2d 1162

STATE OF KANSAS, Appellant, v. DAVID SEABURY, SR., Appellee.

Supreme Court of Kansas.

Opinion filed May 28, 1999.

Attorney(s) appearing for the Case

Thomas P. Alongi, assistant county attorney, argued the cause, and Carla J. Stovall, attorney general, was with him on the brief for appellant.

Linda M. Barnes-Pointer, assistant public defender, of Junction City, argued the cause and was on the brief for appellee.

The opinion of the court was delivered by

SIX, J.:

The State appeals from an order dismissing a complaint charging David Seabury, Sr., with felony obstruction of official duty. K.S.A. 21-3808(b)(1). Seabury was arrested following a dispute with police during execution of a search warrant at his home. Following a preliminary hearing defendant was bound over for trial; he filed a motion to dismiss. The district court remanded the case to a magistrate judge for...

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