State v. Meinert

The opinion of the court was delivered by

Holmes, J.:

This is an appeal by the State from an order of the district court dismissing a criminal complaint against Wayne Meinert on the ground that K.S.A. 21-3608(l)(a) is unconstitutionally vague. Defendant was charged under the statute with the offense of endangering a child. While the facts are not necessary in determining the question before this court, they will be recited briefly.

Defendant and Charlene Meinert were baby-sitting with three-year-old Jeanette Lowery. Defendant admitted having spanked Jeanette for urinating on the floor and not in…