State v. Berg

The opinion of the court was delivered by

Schroeder, C.J.;

This is an appeal in a criminal action from a dismissal of charges against Pamela Berg (defendant- appellee). The appeal is brought by the associate counsel for the prosecution who was hired pursuant to K.S.A. 19-717 by the complaining witness, Jerry L. Berg. The State, through the district attorney, filed a brief amicus curiae.

The facts disclose that on February 23, 1982, Pamela Berg went to the home of her ex-husband, Jerry L. Berg, to pick up her children for visitation. There was apparently some disagreement as to whether the…