State v. Hess

The opinion of the court was delivered by

Parker, J.:

This is the second appearance in this court of an appeal by the state in the case of State v. O. W. Hess, the present appeal being from an order and judgment of the district court of Osage County sustaining a motion to discharge the defendant.

The case was first here on an appeal by the state from an order of the trial court granting the defendant a new trial after he had been found guilty of the crimes of grand larceny and embezzlement as charged in counts 1 and 2, respectively, of an information; also involved was an attempt by defendant to…