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eBook details

• Title: State v. Mcgaugh
• Author : Supreme Court of Kansas
• Release Date : January 09, 1957
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 55 KB

Description

The opinion of the court was delivered by These consolidated cases arise out of attempted prosecutions
for violations of G.S. 1949, 32-143, and are appeals by the state
from orders quashing the complaints on the ground they fail to
state a public offense. The question in each case is the same,
and our discussion and decision in one apply to and govern the
others. We confine ourselves to case No. 40,531. In that case defendant was charged in the county court of
Franklin County as follows, omitting the verification:

"STATE OF KANSAS, FRANKLIN COUNTY: ss.

"Floyd Moldenhauer, of lawful age, being first duly
sworn upon his oath, says: That he is in possession
of certain premises known as the Moldenhauer Ranch
and is presently farming the same and is the duly
authorized agent of Albert Moldenhauer, the owner
thereof; that on or about the 9th day of June, 1956,
at the County of Franklin and within the State of
Kansas, the defendant, Jimmy McGaugh, then and there
being, did then and there willfully and unlawfully
enter and loiter upon the premises known as the
Moldenhauer Ranch without written permission,
contrary to and in violation of the statute in such
cases made and provided and against the peace and
dignity of the State of Kansas.
/s/ Floyd Moldenhauer" Following conviction, and being adjudged to pay a fine of $50
and costs, defendant appealed to the district court. In that
court he moved to quash the complaint on the ground it did not
state a public offense under the aforementioned statute. This
motion was sustained and defendant was discharged, from which
ruling the state has appealed, assigning the ruling as error.

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