State v. Sacks

The opinion of the court was delivered by

Harvey, J.:

This is an appeal from a judgment 'sustaining a demurrer to the evidence offered in support of a plea in bar and abatement in a criminal case and overruling the plea. The circumstances giving rise to the judgment complained of are as follows:

Federal prohibition enforcement officers working in connection with the county attorney of Atchison county went to the home of Sacks, the appellant, who lives in the country, on January 4, 1928, and found a still. Sacks was not at home but his wife was told by the officers to tell Mr. Sacks to come to…