State v. Busse

The opinion of the court was delivered by

Davis, J.:

The State of Kansas appeals the dismissal of a charge of aiding a felon. The trial court determined that because the defendant had aided a juvenile whose felonious act did not fit the definition of a felony under K.S.A. 21-3105(1), the information failed to state an offense. The State contends that the defendant, Thomas R. Busse, aided a juvenile who committed a felonious act and that the information was sufficient to state an offense. We reverse and remand for trial.

The issue is whether the State may charge an adult with aiding a felon under…