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STATE v. SMITH

No. 38,490

171 Kan. 722 (1951)

237 P.2d 388

THE STATE OF KANSAS, Appellant, v. ANNA MAE SMITH, Appellee.

Supreme Court of Kansas.

Opinion filed November 10, 1951.

Attorney(s) appearing for the Case

Willis K. Dillenberger, assistant county attorney, argued the cause, and Oren Gray, county attorney, Harold R. Fatzer, attorney general, and C.H. Hughes, assistant attorney general, were with him on the briefs for the appellant.

Dan R. Aul, of Chetopa, was on the briefs for the appellee.

The opinion of the court was delivered by

PARKER, J.:

This is an appeal by the statute from an order sustaining a defendant's motion to quash the information in a criminal prosecution.

We are told and, since the record discloses the defendant was so advised when arraigned and required to plead to the information, shall proceed upon the premise the prosecution was instituted under the provisions of G.S. 1949...

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