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STATE v. SCHONENBERGER

No. 38,772

173 Kan. 665 (1952)

250 P.2d 777

THE STATE OF KANSAS, Appellant, v. SIMMON SCHONENBERGER, Appellee.

Supreme Court of Kansas.

Opinion filed December 6, 1952.

Attorney(s) appearing for the Case

James N. Snyder, assistant county attorney, argued the cause, and Colonel H. Boone, county attorney, Harold R. Fatzer, attorney general, and Paul E. Wilson, assistant attorney general, were with him on the briefs for the appellant.

Ethan Potter, of Leavenworth, argued the cause, and was on the briefs for the appellee.

The opinion of the court was delivered by

PARKER, J.:

This is a criminal action in which the state, under authority of G.S. 1949, 62-1703, appeals from rulings and orders of the trial court on questions reserved.

The controlling facts, none of which are in controversy, will be stated in summarized fashion in order to insure a proper understanding of the issues involved.

On October 30, 1951, a complaint...

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