State v. Burrell

The opinion of the court was delivered by

Schroeder, C.J.:

This is an appeal by the prosecution from an order of the trial court dismissing and discharging the defendant at the close of the preliminary hearing. The defendant, Kenneth L. Burrell, was charged with two counts of involuntary manslaughter contrary to K.S.A. 1984 Supp. 21-3404.

The sole issue on appeal is whether the trial court erred in finding the crime of involuntary manslaughter was not committed because one of the elements — wantonness—was not present.

The facts disclosed at the preliminary examination, through the testimony of…