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STATE v. WALDEN

No. 46,354

208 Kan. 163 (1971)

490 P.2d 370

STATE OF KANSAS, Appellant, v. CLINTON WALDEN, a/k/a CLINT STOUT, a/k/a CLINTON STOUT, Appellee.

Supreme Court of Kansas.

Opinion filed November 6, 1971.

Attorney(s) appearing for the Case

Robert G. Frey, County Attorney, argued the cause and Vern Miller, Attorney General, was with him on the brief for the appellant.

James M. Morain, of the firm of Vance, Hobble, Neubauer, Nordling and Sharp, of Liberal, argued the cause and was on the brief for the appellee.

The opinion of the court was delivered by

KAUL, J.:

The question presented in this State appeal is whether section 21-3708 of our New Criminal Code (K.S.A. 1970 Supp.) entitled "Habitually giving worthless checks" is a form of an Habitual Criminal Act or a declaration of a distinct and separate criminal offense.

Defendant was charged with two violations of the statute in two counts of an information filed on August 14, 1970. The information reads in...

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