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STATE v. LATSHA

No. 39,220

175 Kan. 477 (1953)

264 P.2d 906

STATE OF KANSAS, Appellant, v. P.E. LATSHA, Appellee.

Supreme Court of Kansas.

Opinion filed December 12, 1953.

Attorney(s) appearing for the Case

Thomas M. Evans, assistant attorney general, of Topeka, argued the cause and Harold R. Fatzer, attorney general, Paul E. Wilson, assistant attorney general, of Topeka, and Wendell D. Winkler, county attorney, of Paola, were with him on the brief for appellant.

Ralph M. Hope, of Wichita, argued the cause and W.F. Lilleston, George C. Spradling, Henry V. Gott, George Stallwitz and Robert J. Hill, all of Wichita, were with him on the brief for appellee.

The opinion of the court was delivered by

HARVEY, C.J.:

This is a criminal case. The facts were stipulated and a trial by jury was waived. The trial court made findings of fact and found "the defendant not guilty." The state has appealed.

We quote or summarize as much of the facts shown by the record as we deem necessary for our opinion as follows:

"That the Missouri Pacific Railroad Company is a corporation, duly organized and existing under...

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