STATE v. HESS

No. 40,434

180 Kan. 472 (1956)

304 P.2d 474

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

Supreme Court of Kansas.

Opinion filed December 8, 1956.


Attorney(s) appearing for the Case

Victor Hergenreter, County Attorney, and A.E. Carroll, Assistant County Attorney, argued the cause, and John Anderson, Jr., Attorney General, was with them on the briefs for the appellant.

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


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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