State v. Trudell

The opinion of the court was delivered by

Herd, J.:

This is an appeal by the State pursuant to K.S.A. 1987 Supp. 22-3602(b)(l) from the district court’s dismissal, upon defendant Stephen Trudell’s motion, of one count of aggravated vehicular homicide, K.S.A. 1987 Supp. 21-3405a.

This criminal prosecution grew out of the following facts: On the afternoon of June 29, 1986, Stephen Trudell was driving his car at a high rate of speed, trying to elude a pursuer with whom Trudell had fought after the pursuer and others had ejected him from a Wichita private club. In his haste, Trudell drove into the…