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STATE v. INZERILLO

No. 42,982

191 Kan. 586 (1963)

383 P.2d 546

THE STATE OF KANSAS, Appellant, v. VINCENT INZERILLO, Appellee.

Supreme Court of Kansas.

Opinion filed July 10, 1963.

Attorney(s) appearing for the Case

Guy L. Goodwin, deputy county attorney, argued the cause and William M. Ferguson, attorney general, Robert E. Hoffman, assistant attorney general, and Keith Sanborn, county attorney, were with him on the briefs for the appellant.

William C. Farmer and Everett C. Fettis, both of Wichita, argued the cause and Robert C. Allan, Paul V. Smith, Douglas E. Shay, Leo R. Wetta, James R. Schaefer and A.J. Focht, all of Wichita, were with them on the briefs for the appellees.

The opinion of the court was delivered by

JACKSON, J.:

This is an appeal by the state in a criminal action. The state appeals from certain questions reserved. See State v. Simpson, 169 Kan. 527, 220 P.2d 175, Syllabus ¶ 1, and G.S. 1949, 62-1703.

In the case below, the defendant was found not guilty by a jury and was freed from all liability for crime. Whatever we do here...

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