State v. Allen

(dissenting) : The decision is made to rest upon the provision of the constitution that the. supreme court shall have, in addition to the original jurisdiction conferred upon it, “such appellate jurisdiction as may be provided by law,” and the literal words of the statute which says that the state may appeal “upon a question reserved.” The decision ignores the meaning of appellate jurisdiction as used in the constitutional provision.

In an early case, Auditor of State v. A. T. & S. F. Railroad Co., 6 Kan. 500, this court had under consideration what the words “appellate jurisdiction,” as used…