State v. Inzerillo

The opinion of the court was delivered by

Jackson, J.:

This is an appeal by the state in a criminal action. The state appeals from certain questions reserved. See State v. Simpson, 169 Kan. 527, 220 P. 2d 175, Syllabus f 1, and G. S. 1949, 62-1703.

In the case below, the defendant was found not guilty by a jury and was freed from all liability for crime. Whatever we do here, the defendant is entirely free and cannot be retried.

Defendant Inzerillo has moved to dismiss this appeal claiming only moot questions are presented and that there is no reason why the court should hear the case. However,…