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STATE v. SUMNER

No. 37,996

169 Kan. 516 (1950)

219 P.2d 438

STATE OF KANSAS, Appellant, v. RONALD PAUL (BUCK) SUMNER, Appellee.

Supreme Court of Kansas.

Opinion filed June 10, 1950.

Attorney(s) appearing for the Case

Carl C. Chase, of Eureka, argued the cause, and George S. Reynolds, county attorney, and Leonard A. Milligan, of Eureka, were with him on the briefs for the appellant.

Thomas C. Forbes, of Eureka, argued the cause, and Harold G. Forbes, of Eureka, and Patrick J. Warnick, of Wichita, were with him on the briefs for the appellee.

The opinion of the court was delivered by

WEDELL, J.:

The state appeals from an order quashing count three of a complaint filed under the new Kansas liquor control act. (Chapter 242, Laws 1949.)

Count three charged the defendant, Ronald Paul (Buck) Sumner, with unlawfully and willfully having and keeping in his possession on May 11, 1949, alcoholic liquor in an amount exceeding one case (three wine gallons) upon which the tax imposed by the Kansas...

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