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STATE v. DEINES

No. 82,433.

268 Kan. 432 (2000)

997 P.2d 705

STATE OF KANSAS, Appellant, v. RICHARD CARL DEINES, Appellee.

Supreme Court of Kansas.

Opinion filed January 28, 2000.

Attorney(s) appearing for the Case

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

Bernard T. Giefer, of Shepherd & Giefer, of WaKeeney, argued the cause, and was on the brief for appellee.

The opinion of the court was delivered by

LOCKETT, J.:

The State appeals the district court's dismissal of two counts of criminal damage to property against a defendant who mowed abutting landowners' wheat planted on a low maintenance county road. The district court found that wheat growing on a public road was an obstruction on the public right-of-way.

Richard Carl Deines was charged with two counts of misdemeanor...

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