State v. Mauldin

The opinion of the court was delivered by

Kaul, J.:

This is an appeal by the state under K. S. A. 1973 Supp. 22-3602 from an order dismissing a charge by information of felony murder (K. S. A. 1973 Supp. 21-3401). The question posed is one of first impression in this jurisdiction.

Omitting formalities the information reads as follows:

“. . . [Ojn or about the 27th day of November, 1973 one Robert Maudlin, did maliciously and willfully kill and murder a certain Gary McCallon, while in the perpetration or attempt to perpetrate the crime of selling, administering, delivering, distributing or…