State v. O'Neal

The opinion of the court was delivered by

Herd, J.:

In this criminal action, Cencil O’Neal was charged with perjury, K.S.A. 1990 Supp. 21-3805. At the preliminary hearing, the district court dismissed the charge against O’Neal, finding the military officer who had taken O’Neal’s statement was acting outside his authority as a notary public. The State appeals the district court’s decision.

*230Cencil O’Neal was charged with perjury based upon a statement made on January 8, 1991, to an army officer. On February 25, 1991, at the preliminary, hearing, the issue of whether the officer had the authority…