State v. Cole

The opinion of the court was delivered by

PIerd, J.:

The State appeals from the district court’s grant of defendant’s motion for dismissal and discharge prior to the presentation of evidence at the preliminary hearing.

Appellee Steven Cole, an inmate in the Sedgwick County Jail, was charged with possession of a weapon without authorization or consent of the jailer in violation of K.S.A. 21-3826. A preliminary hearing was scheduled for January 7, 1985. Prior to the presentation of evidence, Cole moved to dismiss on the ground his acts, as alleged by the State in its complaint/information, did not…