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STATE v. COOK

No. 44,053

194 Kan. 495 (1965)

399 P.2d 835

THE STATE OF KANSAS, Appellant, v. CLARENCE E. COOK, Appellee.

Supreme Court of Kansas.

Opinion filed March 6, 1965.

Attorney(s) appearing for the Case

Keith Sanborn, County Attorney, of Wichita, argued the cause, and Robert C. Londerholm, Attorney General, and Robert E. Hoffman, Assistant Attorney General, both of Topeka, and Kenneth L. Ingham, Deputy County Attorney, and Guy L. Goodwin, Special Prosecutor for State of Kansas, both of Wichita, were with him on the brief for the appellant.

Earl M. Clarkson, Jr., of Wichita, argued the cause, and Wilmer E. Goering and I.D. Brown, both of Wichita, were with him on the brief for the appellee.

The opinion of the court was delivered by

FONTRON, J.:

This is an appeal by the State of Kansas from an order of the trial court sustaining a motion to discharge the defendant, Clarence E. Cook. For convenience, the appellant will be designated throughout this opinion as the State, while the appellee, Cook, will be referred to as the defendant.

The history of this case, which appears in this court for the second time, is briefly as follows: In an information...

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