State v. Waterman

The opinion of the court was delivered by

Fontron, J.:

This is another case originating in juvenile court in which that court held a hearing under K. S. A. 1972 Supp. 38-808 (b) to determine whether or not to waive its exclusive jurisdiction and direct the prosecuting attorney to prosecute the juvenile under the appropriate criminal statutes. However, the posture of this case on appeal differs from the others which have come before us concerning the construction of 38-808 (b) in that here the juvenile court refused to waive jurisdiction and the state has appealed from that ruling — a complete…