State v. Wilkins

The opinion of the court was delivered by

Marshall, J.:

The defendant was convicted of having intoxicating liquor in his possession, and appeals.

The defendant was prosecuted on an amended information which was signed “Chas. H. Cory, deputy county attorney.” The defendant filed a verified plea in abatement which alleged;

“That Payne H. Ratner was the duly elected, qualified and acting county attorney of Labette county, Kansas, and was not sick, absent or derelict or otherwise disqualified, and is present in court on this the 7th day of October, a. d. 1924.”

The plea in abatement was denied. A jury…