Johns v. DISTRICT CT. IN & FOR 13TH JUD. DIST.

On October 13, 1976, this court issued a rule to show cause why the respondent district court should not reinstate the charge of felony menacing1 in that court’s criminal action number CR-59. We now make the rule absolute.

In April, 1976, petitioner Doyle T. Johns, District Attorney, filed a criminal information in the Sedgwick County District Court charging the defendant McEntee, a Colorado State Patrolman, with felony menacing2 and misdemeanor first-degree official misconduct.3

At the preliminary hearing, the only testimony was that of the complaining witness (Best), who testified to the…