State v. Johnson

The opinion of the court was delivered by

Owsley, J.:

This is an interlocutory appeal from a ruling disqualifying the Butler County Attorney from prosecuting a worthless check case. (K.S.A. 21-3707.)

An information was filed charging defendant with passing a worthless check. At the preliminary hearing the state called James Hargrove, an attorney and part-time deputy county attorney for Butler County. His purpose in testifying was to state that he had mailed the seven-day notice to defendant as required in K.S.A. 21-3707 and the receipt of certified mail was returned to him, signed by William E.…