State v. Royal

The opinion of the court was delivered by

Fontron, J.:

This appeal is by the State of Kansas from a pretrial order sustaining the defendant’s motion for discharge. The motion was predicated on the state’s delay in filing charges against the defendant, Henry Royal.

There is little, if any, dispute as to the facts. The state alleges that on two occasions, November 16 and November 19, 1973, the defendant possessed for sale and sold marijuana, a controlled substance. The two sales were allegedly made to an undercover agent, Bob Allen, who was connected at the time with the Johnson County sheriffs…