State v. Kearns

The opinion of the court was delivered by

Herd, J.:

Victor W. Kearns, Jr., defendant-appellee, was charged with three counts of fraudulent reporting of election campaign financing in violation of K.S.A. 1980 Supp. 25-4129. Kearns filed a motion to dismiss on the grounds the statute is unconstitutional. The trial court sustained defendant’s motion and dismissed the complaint. The State appealed. Kearns cross-appealed from the trial court’s order overruling his motion challenging the attorney general’s right to prosecute this action.

On February 28, 1980, a criminal complaint was filed against…