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STATE v. McGAUGH

Nos. 40,531, 40,532, 40,533, 40,534

180 Kan. 850 (1957)

308 P.2d 85

STATE OF KANSAS, Appellant, v. JIMMY McGAUGH, Appellee. STATE OF KANSAS, Appellant, v. RICHARD MOHERMAN, Appellee. STATE OF KANSAS, Appellant, v. WAYNE LEACH, Appellee. STATE OF KANSAS, Appellant, v. SCOTT MOHERMAN, Appellee.

Supreme Court of Kansas.

Opinion filed March 9, 1957.

Attorney(s) appearing for the Case

Myron S. Steere, Special Prosecutor, of Ottawa, argued the cause, and John Anderson, Jr., Attorney General, Paul Wilson, Assistant Attorney General, and Donald L. White, County Attorney, were with him on the briefs for the appellants.

John B. Pierson, of Ottawa, argued the cause and was on the briefs for the appellees.

The opinion of the court was delivered by

PRICE, J.:

These consolidated cases arise out of attempted prosecutions for violations of G.S. 1949, 32-143, and are appeals by the state from orders quashing the complaints on the ground they fail to state a public offense. The question in each case is the same, and our discussion and decision in one apply to and govern the others. We confine ourselves to case No. 40,531.

In that case defendant was charged...

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