State v. Walden

The opinion of the court was delivered by

Kaul, J.:

The question presented in this State appeal is whether section 21-3708 of our New Criminal Code (K. S. A. 1970 Supp.) entitled “Habitually giving worthless checks” is a form of an Habitual Criminal Act or a declaration of a distinct and separate criminal offense.

Defendant was charged with two violations of the statute in two counts of an information filed on August 14, 1970. The information reads in full as follows:

“Count I

“I, Robert G. Frey, the undersigned, County Attorney of said County, in the name, by the authority, and on behalf of the…