STATE v. BROWN

No. 38,600

173 Kan. 166 (1952)

244 P.2d 1190

THE STATE OF KANSAS, Appellant, v. EARL H. BROWN, Appellee.

Supreme Court of Kansas.

Opinion filed June 7, 1952.


Attorney(s) appearing for the Case

John R. Alden, of Hutchinson, argued the cause, and Fred C. Preble, of Hutchinson, and Harold R. Fatzer, attorney general, were with him on the briefs for the appellant.

Frank S. Hodge, of Hutchinson, argued the cause, and Roy C. Davis, Eugene A. White, Robert Y. Jones, and H. Newlin Reynolds, all of Hutchinson, were with him on the briefs for the appellee.


The opinion of the court was delivered by

PARKER, J.:

This is an appeal from an order sustaining a motion to quash an information in a criminal action.

The prosecution was instituted under the provisions of G.S. 1949, 21-1502, providing:

"Any person who shall sell, or offer to sell, or expose or keep for sale, or advertise for sale, in any manner, or be in any wise concerned in the sale, the offer to sell, exposure to sale, or in advertising...

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