State v. Fisher

The opinion of the court was delivered by

Miller, J.:

The Sumner District Court dismissed the com plaint in this criminal case with prejudice, holding that under K.S.A. 21-3108(2)(a), this prosecution subjects defendant to double jeopardy. The State of Kansas appeals, pursuant to K.S.A. 22-3602(h)(l). The issue presented is whether defendant’s conviction of traffic charges bars his prosecution on criminal charges, separately filed but arising out of the same sequence of events.

The facts, for the purpose of this appeal, are not disputed. The defendant, a truck driver, was stopped for speeding on…