State v. Trapp

POWELL, Presiding Judge.

The State of Oklahoma has perfected an appeal from an order of the Court of Common Pleas of Tulsa County under provision of 22 O.S.1951 § 1053, subd. 1, by reason of an adverse decision of said, court in sustaining verbal demurrer after a plea of “not guilty” and setting aside the information filed in the case.

The record disclosed that the defendant was arraigned on the information, waived time to plead, and entered a plea of not guilty, and requested a.jury trial. Subse*444quently a jury was waived and the case was set on a non-jury docket. When the case was called for…