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The opinion of the court was delivered by This is an appeal by the state from an order sustaining defendant's motion to quash the second amended information in a criminal case. The information reads: ""I, Lee Hornbaker, the undersigned County Attorney of said county in the name, and by the authority, and on behalf of the State of Kansas, come now here, and give the Court to understand and be informed, that on or about the 29th day of October, A.D. 1950, in said county of Geary and State of Kansas, one Gene Luther Champ did then and there UNLAWFULLY and FELONIOUSLY and with culpable negligence drive and operate a motor vehicle, to wit, a 1950 Ford Truck and attached semitrailer, upon the public highways of the State of Kansas, to wit, U.S. Highway 77, in a careless and reckless manner and in such a manner as to indicate a wilful, wanton and negligent disregard of the safety of other persons on said highway. That said culpable negligence and said wilful, wanton and negligent disregard of the safety of other persons on said highway consisted of driving and continuing to drive said vehicle aforesaid when the said Gene Luther Champ was and knew he was fatigued, sleepy and tired and while continuing to drive in said condition the said Gene Luther Champ fell asleep and allowed the said vehicle to cross the center line of said highway, contrary to the provisions of G.S. 1949, 8-537, and into the path of a vehicle driven by one Clarence Webber whereby the vehicle driven by the said Clarence Webber was then and there struck with great force and violence and the said Clarence Webber as a result thereof received wounds, bruises and contusions which caused his death, the death of the said Clarence Webber being caused by the act, procurement and culpable negligence of the said Gene Luther Champ as aforedescribed. ""Contrary to the form of the statute in such case made and provided, and against the peace and dignity of the State of Kansas."" Defendant moved to quash the information: "". . . for the reason that it fails to state a crime as defined in the Statutes of Kansas, is too indefinite and uncertain, and does not inform the defendant as to what he is called upon to plead to or defend against."" After a hearing the court found: "". . . that the second amended information as filed herein by the State of Kansas fails to state a crime as defined in the statutes of the State of Kansas,"" and sustained the motion. The state, through its attorney, promptly gave notice to the court that it reserved the question and that it intended to appeal, and on the same date served and filed the notice of appeal.

Professional & Technical
April 12
LawApp Publishers
Innodata Book Distribution Services Inc

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