State v. Busse

The opinion of the court was delivered by

Holmes, J.:

The State of Kansas appeals, pursuant to K.S.A. 22-3602(h)(3) (Ensley), from a question reserved in a criminal case. Defendant-appellee was charged with aggravated burglary and attempted rape. He was found not guilty of both charges in a trial by jury.

At defendant’s preliminary hearing he was of the opinion that the ability of the State’s witnesses to identify him would be a crucial issue and, as a part of his trial strategy, he waived his right to be present during the preliminary hearing. His counsel, of course, was present and afforded…