State v. Puckett

The opinion of the court was delivered by

Holmes, J.:

This is an appeal by the State pursuant to K.S.A. 22-3602(b)(l) from an order discharging the defendant John David Puckett at the end of his second preliminary hearing on a criminal complaint charging one count of making a terroristic threat (K.S.A. 1985 Supp. 21-3419).

The facts are not in dispute. On the evening of August 30, 1985, the prosecutrix, Nancy Schall, met her former boyfriend, the defendant John Puckett, while out socializing. Puckett was intoxicated at the time and Schall allowed him to accompany her home and sleep on her couch.…