State v. Logan

The opinion of the court was delivered by

O’Connor, J.:

This is an appeal by the state in a criminal action on questions reserved pursuant to K. S. A. 62-1703 (third). The defendant was acquitted of the charges leveled against him and, regardless of the disposition of the case, cannot be retried. (State v. Inzerillo, 191 Kan. 586, 383 P. 2d 546.)

The questions presented relate solely to the court’s instructions to the jury and can best be understood after a brief factual resumé.

The defendant, a long-time employee of a liquor store in Kansas City, Missouri, was convicted on May 11, 1964, in a…