State v. Lee

The opinion of the court was delivered by

Fatzer, C. J.:

This is an appeal in a criminal case initiated by the state of Kansas from the judgment of the district court sustaining the motion of the appellees, Evelyn Lee and Ansel L. Turner, to dismiss the charge against them pursuant to K. S. A. 1971 Supp. 21-3108 — the statutory equivalent of the constitutional guaranty that one may not be twice put in jeopardy for the same offense.

The facts before the district court are not in dispute, and a summary of those necessary for a disposition of this case follows:

On November 26, 1971, the state filed…