State v. Farmer

The opinion of the court was delivered by

Davis, J.:

The State appeals the dismissal of a rape charge after a preliminary hearing pursuant to K.S.A. 1994 Supp. 22-3602(b)(1). The main issue on appeal involves the appellate standard to be applied when reviewing a magistrate court’s decision dismissing a criminal complaint based upon a finding of no probable cause at the conclusion of a preliminaiy hearing. For the reasons set forth below, we reverse and remand with directions to reinstate the charge of rape.

Because the case comes to us in an unusual procedural posture, the facts giving rise to…