State v. Engle, 57245
| Decision Date | 10 May 1985 |
| Docket Number | No. 57245,57245 |
| Citation | 237 Kan. 349,699 P.2d 47 |
| Parties | STATE of Kansas, Appellant, v. John ENGLE, Appellee. |
| Court | Kansas Supreme Court |
Syllabus by the Court
Under the facts presented, the magistrate applied the proper test when discharging the defendant after the preliminary examination. The evidence introduced by the State was insufficient to support a finding that it appeared the crime of aiding and abetting the sale of cocaine had been committed.
Steve Hopkins, Legal Intern, Jerry L. Harper, Dist. Atty., and Robert T. Stephan, Atty. Gen., were on brief for appellant.
Edward G. Collister, Jr. of Collister & Kampschroeder, Lawrence, argued the cause and was on brief for appellee.
This is an appeal by the State from a dismissal of the State's complaint by the magistrate at the close of the preliminary examination for the State's failure to establish that it appeared a felony (aiding and abetting the sale of cocaine) had been committed.
In November of 1982, a complaint was filed in Douglas County, Kansas, charging James Allen Zachman with selling cocaine. After learning that a warrant had been issued for his arrest, Zachman returned from Colorado to Lawrence, Kansas, in March of 1984. Zachman agreed to make controlled buys of cocaine for the State if, in return, it would dismiss the charges pending against him without prejudice.
On March 23, 1984, Zachman attempted to call Jack Hylton to arrange a purchase of cocaine. The phone was answered by John Engle, who lived with Hylton. Engle stated that Hylton was not there but would return Wednesday.
On Wednesday, March 28, Zachman again attempted to call Hylton at his residence. Engle answered the telephone. Engle explained to Zachman that Hylton had returned and that he and Hylton "were sitting down talking and stuff." Zachman agreed to call back later that evening.
Zachman called the Hylton residence again that evening. Engle again answered the phone. Engle explained that Hylton was at the home and Zachman should come over in forty-five minutes. The telephone conversation was terminated.
Zachman was then searched by Lawrence police officers and given marked currency with which to make his purchase of cocaine. Zachman then drove to the Hylton residence where a party was in progress. Zachman entered into a back bedroom with Hylton where he purchased two grams of cocaine in two packets for a total of $200. After Zachman left the house, several individuals, including Engle, were arrested.
At the preliminary hearing Zachman testified that Engle was present in the house, but did not speak to Zachman and that...
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...prudence and caution to conscientiously entertain a reasonable belief that it appears a felony has been committed." State v. Engle, 237 Kan. 349, 350, 699 P.2d 47 (1985). If a preliminary hearing judge determines a felony has been committed, then the judge must determine whether there is pr......
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...255 Kan. 464, 466, 874 P.2d 617 (1994). If there is not sufficient evidence, the defendant must be discharged. State v. Engle, 237 Kan. 349, 350, 699 P.2d 47 (1985); K.S.A. 22-2902(3). From the evidence presented, the court must draw inferences favorable to the prosecution, and the evidence......
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State v. Thompkins
...that a felony has been committed and that the defendant committed it, the magistrate must discharge the defendant. State v. Engle, 237 Kan. 349, 350, 699 P.2d 47 (1985). If the evidence is sufficient, the defendant must be bound over for arraignment. K.S.A. 22-2905(1) requires the prosecuto......
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State v. Bell, No. 82,586.
...prudence and caution to conscientiously entertain a reasonable belief that it appears a felony has been committed.' State v. Engle, 237 Kan. 349, 350, 699 P.2d 47 (1985). If a preliminary hearing judge determines a felony has been committed, then the judge must determine whether there is pr......