State Ex Rel. Rome v. Fountain

The opinion of the court was delivered

This is a consolidated appeal of two criminal cases in which defendants, James Fountain and Joseph P. O’Sullivan, III, were each charged with multiple counts of perjury (K.S.A. 21-3805). For purposes of this appeal, the facts are undisputed and essentially are as follows: On March 9, 1981, Richard J. Rome filed two criminal complaints in Reno County District Court against the defendants. At the time the complaints were filed, Fountain was the sheriff of Reno County, and O’Sullivan was the county attorney. The perjury charges were based upon statements…