Supreme Court of Kansas April 13, 1990, 64,254 (In Re Habeas Corpus Petition of Lucas)

The opinion of the court was delivered by

McFarland, J.:

In this original habeas corpus proceeding, Robert Lynn Lucas contends that bringing him to trial on an amended charge of second-degree murder would violate his state and federal constitutional rights not to be placed in jeopardy twice for the same offense.

Lucas was convicted by jury trial of two counts of child abuse, K.S.A.