State v. Nelson

BARNS, J.:

The appellee procured his release on July 14,1947, because of the impropriety of the sentence under which he was then held, and the State thereupon, on August 27, 1947, instituted proceedings by information to have a proper sentence imposed.

This is an appeal by the State from an order granting defendant’s-appellee’s motion to quash an information charging appellee with being a second offender after the appellee had served the sentence imposed upon conviction of the second offense, which sentence was without consideration of the provisions of law as to second offenders.

The…