State v. Miller

The opinion of the court was delivered by

Abbott, J.:

This is a direct appeal by the State pursuant to K.S.A. 1993 Supp. 22-3602(b)(l) from the dismissal of a complaint charging the defendant, George D. Miller, with burglary, contrary to K.S.A. 1993 Supp. 21-3715, and theft, contrary to K.S.A. 1993 Supp. 21-3701.

The dispositive issues are the lack of a record and the effect of a law enforcement officer making an arrest outside the officer s jurisdiction.

The defendant was charged with one count of theft and one count of burglary arising from an incident at the John Knight residence in Osage…