State v. Boone

The opinion of the court was delivered by

Habman, C.:

In this appeal by the state the issue is whether a criminal defendant’s rights to due process and equal protection of the laws under the federal constitution are violated when he is required to submit to preliminary examination before a nonlawyer judge.

The facts in the case are agreed. Appellee William F. Boone was charged with unlawful possession of firearms, a felony under K. S. A. 21-4204 (1) (b). At his preliminary hearing in the Clay county court appellee Boone raised the issue now before us, asserting the judge was not a lawyer and…