State v. Gary

OPINION

CORNISH, Presiding Judge:

This is an appeal by the State of Oklahoma regarding the dismissal of a Kidnapping charge against John Gary, III. At a motion hearing, defense counsel demurred to the sufficiency of the evidence presented at the preliminary hearing. The State argued that the demurrer was actually in the form of a motion to quash and set aside the information, but the District Court considered it as a motion to dismiss, and dismissed the case pursuant to 22 O.S.1971, § 815.1

Since the State contends that the demurrer was actually a motion to quash, it has appealed to this Court…