The opinion of the court was delivered by
PARKER, J.:
This is the second appearance in this court of an appeal by the state in the case of State v. O.W. Hess, the present appeal being from an order and judgment of the district court of Osage County sustaining a motion to discharge the defendant.
The case was first here on an appeal by the state from an order of the trial court granting the defendant a new trial after he had been found guilty...
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