STATE v. HILL

No. 42,743

189 Kan. 403 (1962)

369 P.2d 365

THE STATE OF KANSAS, Appellant, v. RONNIE HILL, Appellee.

Supreme Court of Kansas.

Opinion filed March 3, 1962.


Attorney(s) appearing for the Case

A.K. Stavely, assistant attorney general, of Topeka, argued the cause, and William M. Ferguson, attorney general, of Topeka, and Richard L. Mankin, county attorney, of Emporia, were with him on the briefs for the appellant.

Robert H. Nelson, of Wichita, argued the cause, and W.A. Kahrs, H.W. Fanning, and Richard C. Hite, of Wichita, were with him on the briefs for appellee.

James W. Porter and Frank C. Sabatini, of Topeka, were on briefs for Respect Sunday Committee of Topeka, Kansas, as amici curiae.

Dale Kidwell, George W. Ball, Jack H. Greene and Kenneth Nohe, of Wichita, were on briefs for Wichita Respect Sunday Committee, Inc., as amici curiae.

Wendell L. Garlinghouse, Warren W. Shaw, William Hergenreter and Carl W. Quarnstrom, of Topeka, were on briefs amici curiae.


The opinion of the court was delivered by

FATZER, J.:

This is an appeal by the state from an order of the district court of Lyon County, Kansas, discharging the defendant, Ronnie Hill. The information charged that on July 30, 1961, the defendant, the assistant manager of the Safeway Store at Emporia, did unlawfully and willfully expose to sale and did sell certain merchandise, to-wit: Three packs of Chiclets chewing gum, one box of Blue Cheer soap, and one...

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