State v. Brown

The opinion of the court was delivered by

Harvey, J.:

In a criminal action the state’s demurrer to defendant’s plea in abatement was sustained, and the defendant has appealed.

It is the settled law in this state that the ruling complained of is not appealable until the final disposition of the case in the trial court. (State v. Coffelt, 66 Kan. 750, 71 Pac. 588; State v. Levine, 125 Kan. 360, 264 Pac. 38; State v. Rogers, 142 Kan. 841, 52 P. 2d 1185.)

Counsel for both parties recognize this to be the law, but nevertheless they have joined in a written request for this court to pass upon the…