State v. Martin

The opinion of the court was delivered by

Marshall, J.:

The defendant appeals from a conviction on each of two counts of an information charging him with being a persistent violator of the prohibitory liquor law. To that information he filed a motion to quash, which was denied. The defendant then filed a plea in abatement, to which the state demurred. The demurrer was by the court sustained.

The plea in abatement contained the following allegations:

“That on the 12th day of July, 1928, this defendant was served with a warrant in Seward county, Kansas, charging him with the following offense to…