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STATE v. MAULDIN

No. 47,542

215 Kan. 956 (1974)

529 P.2d 124

STATE OF KANSAS, Appellant, v. ROBERT MAULDIN, Appellee.

Supreme Court of Kansas.

Opinion filed December 7, 1974.

Attorney(s) appearing for the Case

Nick A. Tomasic, District Attorney, argued the cause, and Vern Miller, Attorney General, was with him on the brief for the appellant.

Jay H. Vader, of Kansas City, argued the cause and was on the brief for the appellee.

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:

"... [O]n or about the 27th day of November, 1973 one Robert Maudlin, did maliciously and willfully kill and murder...

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