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STATE v. NELSON

No. 46,636

210 Kan. 439 (1972)

502 P.2d 841

STATE OF KANSAS, Appellant, v. VICTOR NELSON, HELEN L. HUTTON and JOSEPH E. CULVER, Appellees.

Supreme Court of Kansas.

Opinion filed November 4, 1972.

Attorney(s) appearing for the Case

Vern Miller, attorney general, argued the cause, and Edward G. Collister, Jr., assistant attorney general, and Mitchell H. Bushey, county attorney, were with him on the brief for the appellant.

Robert V. Talkington, of Conderman & Talkington, of Iola, argued the cause, and J.D. Conderman, of the same firm, was with him on the brief for the appellees.

The opinion of the court was delivered by

OWSLEY, J.:

Criminal charges were filed in the district court of Allen County, Kansas, against each of three defendants for violating gambling laws. Following a trial to the court the district court ruled as a matter of law that the conduct of the defendants as set forth in the informations was not a violation of K.S.A. 1971 Supp. 21-4307 and 21-4303 in view of K.S.A. 1971 Supp. 21-4302 (1) (d), (2), (3), and...

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