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STATE v. BREITENBACH

Nos. 42,859 and 43,017 (Consolidated)

190 Kan. 189 (1962)

373 P.2d 601

THE STATE OF KANSAS, Appellee, v. LAWRENCE BREITENBACH, Appellant.

Supreme Court of Kansas.

Opinion filed July 7, 1962.

Attorney(s) appearing for the Case

Rae E. Batt, of Kinsley, argued the cause, and Basil C. Marhofer, of Ness City, was with him on the briefs for appellant.

Tom Smyth, County Attorney, of Ness City, argued the cause, and William M. Ferguson, Attorney General, of Topeka, was with him on the briefs for appellee.

The opinion of the court was delivered by

FATZER, J.:

These are appeals by the defendant from orders overruling his motion to abate the criminal action on a worthless check under G.S. 1949, 21-556, upon a showing that he has been discharged in bankruptcy. The facts are not in dispute.

On March 21, 1961, complaint was made in the county court of Ness County charging the defendant with giving a worthless check to the Ransom Farmer's Coop Union in the...

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