State v. Millhaubt

The opinion of the court was delivered by

Thiele, J.:

Defendant, who was a county commissioner of Sedgwick county, appeals from a conviction for violation of R. S. 19-242. Although many errors are specified, in his brief appellant combines them and presents them under six divisions which will be noticed in the order presented. A cross-appeal by the state will also be discussed.

I. It is contended that the statute under which the prosecution was had is unconstitutional. This question was raised in the trial court by a motion to quash the indictment found by the grand jury. It was presented to…