State v. Bell

The opinion of the court was delivered by

McFarland, C.J.:

Jeremy J. Bell was charged with intentional second-degree murder (K.S.A. 1998 Supp. 21-3402).

At the prehminary examination the judge dismissed the charged crime and bound the defendant over on voluntary manslaughter (K.S.A. 21-3403[b]). The State refiled the original charge with the same result at the second prehminary examination. The State dismissed the bound-over charge and filed this appeal.

It is appropriate to state some standards relative to prehminary examinations. A defendant will be bound over for trial if from the evidence…