State v. Sexton

The opinion of the court was delivered by

Holmes, J.:

This is an appeal by the State under K.S.A. 22-3602(b)(1) from the dismissal by the trial court, on motion of the defendant at the preliminary hearing stage, of criminal charges against Bobby R. Sexton, Jr. The defendant was charged with an attempt to conspire to commit murder. The trial court found there was no such crime as attempted conspiracy and therefore dismissed the action.

There were no facts presented to the trial court and the parties have stipulated that for appeal purposes, the allegations of the information may be taken as true…