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eBook details

• Title: State v. Kearns
• Author : Supreme Court of Kansas
• Release Date : January 11, 1981
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 50 KB

Description

The opinion of the court was delivered by Victor W. Kearns, Jr., defendant-appellee, was charged with three counts of fraudulent reporting of election campaign financing in violation of K.S.A. 1980 Supp. 25-4129. Kearns filed a motion to dismiss on the grounds the statute is unconstitutional. The trial court sustained defendant's motion and dismissed the complaint. The State appealed. Kearns cross-appealed from the trial court's order overruling his motion challenging the attorney general's right to prosecute this action. On February 28, 1980, a criminal complaint was filed against Victor W. Kearns, Jr. by the office of the Kansas Attorney General alleging three violations of campaign finance reporting under K.S.A. 1980 Supp. 25-4129. Kearns filed a motion to dismiss on the grounds the attorney general is unauthorized to file the complaint. The trial court overruled the motion. Appellee then filed a motion to dismiss the complaint on the grounds the Campaign Finance Act (K.S.A. 1980 Supp. 25-4101 et seq.) is unconstitutional because its enacting clause does not comply with Article 2, § 20 of the Kansas Constitution. The trial court sustained the motion and dismissed the complaint on July 29, 1980. This appeal followed.

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