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STATE v. CHAMP

No. 38,638

172 Kan. 737 (1952)

242 P.2d 1070

STATE OF KANSAS, Appellant, v. GENE LUTHER CHAMP, Appellee.

Supreme Court of Kansas.

Opinion filed April 12, 1952.

Attorney(s) appearing for the Case

Lee Hornbaker, county attorney, of Junction City, argued the cause, and Harold R. Fatzer, attorney general, of Topeka, was with him on the brief for the appellant.

I.M. Platt, of Junction City, argued the cause, and Chas. I. Platt, of Junction City, was with him on the brief for the appellee.

The opinion of the court was delivered by

HARVEY, C.J.:

This is an appeal by the state from an order sustaining defendant's motion to quash the second amended information in a criminal case. The information reads:

"I, Lee Hornbaker, the undersigned County Attorney of said county in the name, and by the authority, and on behalf of the State of Kansas, come now here, and give the Court to understand and be informed, that on or about the 29th day of...

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