STATE v. HESS

No. 39,760

178 Kan. 452 (1955)

289 P.2d 759

THE STATE OF KANSAS, Appellant, v. O.W. HESS, Appellee.

Supreme Court of Kansas.

Opinion filed November 12, 1955.


Attorney(s) appearing for the Case

A.E. Carroll, Assistant County Attorney, argued the cause, and Harold R. Fatzer, Attorney General, and Victor Hergenreter, County Attorney, were with him on the briefs for the appellant.

Edward Rooney, of Topeka, argued the cause and Jacob A. Dickinson, David Prager, William W. Dimmitt, and Sam A. Crow, all of Topeka, Charles Heizer, of Osage City, and E.W. Stuewe, of Alma, were with him on the briefs for the appellee.


The opinion of the court was delivered by

PARKER, J.:

The proceedings leading up to and giving rise to this appeal are essential to its disposition, hence they will be noted as briefly as the state of the record permits.

After a preliminary examination, in which he was held for trial, defendant O.W. Hess was charged by an information, containing four counts, properly filed in the district court of Wabaunsee County, with the commission of four felonies...

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