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STATE v. STEPHENS

No. 37,434

168 Kan. 5 (1949)

209 P.2d 924

THE STATE OF KANSAS, Appellee, v. R.L. STEPHENS, Appellant.

Supreme Court of Kansas.

Opinion filed September 24, 1949.

Attorney(s) appearing for the Case

A.D. Weiskirch, of Wichita, argued the cause, and Walter F. McGinnis, of El Dorado, was with him on the briefs for the appellant.

O.J. Connell, Jr., county attorney, argued the cause, and J. Morris Moon, Jr., deputy county attorney, and Edward F. Arn, attorney general, were with him on the briefs for the appellee.

The opinion of the court was delivered by

SMITH, J.:

This was an action wherein defendant was convicted on seven counts for violation of G.S. 1935, 21-2146, commonly known as the prohibitory liquor statute. He has appealed.

The information originally contained nine counts. At the conclusion of the state's evidence the state was ordered to elect as to the four possession counts and elected to dismiss two of them, whereupon he was convicted on seven...

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