State v. Taes

Arthur Taes and James Parrack were charged by information with the crime of forgery in the first degree, to which information a demurrer was interposed and overruled. After pleas of not guilty were entered, in due time the cause came on for trial. During the trial and before the state had completed its case in chief, the court entertained what is called an “oral demurrer” to. the information. An order was entered sustaining the demurrer, dismissing the action, and discharging the defendants, from which the state appeals.

The controlling question is whether the information charges a crime.

The…