State v. Fitzgerald

The opinion of the court was delivered by

Holmes, J.:

The State of Kansas appeals, pursuant to K.S.A. 22-3602, upon a question reserved following the trial court’s discharge of the defendant in an action charging him with bigamy (K.S.A. 21-3601).

The facts are not in dispute. Dan and Donna Fitzgerald were married on August 1, 1980, at El Paso, Texas. In January 1983, the couple moved to Manhattan. While they lived in Manhattan, Dan attended school at Wichita State University. On October 20, 1983, Kerry Hsieh and the appellee were married in Wichita. Dan was still married to Donna and lived with…