State v. Hood

The opinion of the court was delivered by

McFarland, J.:

This is an appeal by the State pursuant to K.S.A. 1993 Supp. 22-3602(b)(l) from the dismissal of a complaint by the magistrate at the preliminary hearing.

On June 1, 1988, Thomas M. Bowe entered into a written contract entitled “Sales Agreement” with his cousin, Robert Eugene Hood, wherein, for the consideration of $15,000, Bowe purchased 5V2 percent of Hood’s interest in a restaurant and drinking establishment known as “Bobby Gene’s,” located in Shawnee Mission. The agreement contained option provisions whereby, for additional payments,…