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McFarland, J., concurring in the result: K.S.A. 1977 Supp. 22-3602 does not authorize the State to appeal from a judgment of acquittal. For this reason, alone, I agree with the result of the majority opinion. I do not agree with the language in the majority opinion which implies that the trial court was correct in its decision to sustain the motion for acquittal.
Schroeder, C.J. and Miller, J., join the foregoing concurring opinion.
Document Info
Docket Number: 49,727
Judges: Prager, McFarland, Schroeder, Miller
Filed Date: 12/9/1978
Precedential Status: Precedential
Modified Date: 11/9/2024