Cook v. State

When this action came on for trial in the lower court and a jury had been impanelled and an opening statement made on behalf of the plaintiffs, the state objected to the introduction of any evidence upon the ground that the complaint, as amplified by the opening statement, failed to state sufficient facts to constitute a cause of action. The objection was treated as a general demurrer and, as such, sustained by the court. A judgment of dismissal was entered, and this "appeal was taken therefrom.

The factual allegations of the complaint must, therefore, be taken as admitted. They are, in…