State v. Brockelman

The opinion of the court was delivered by

Wertz, J.:

This is an appeal by the state from an order and judgment of the trial court discharging defendant in a case brought to the district court on appeal from the justice of the peace court.

For purposes of clarity, the appellant will be referred to as the state, and the appellee as defendant.

On December 30, 1950, defendant was charged in a complaint filed in the justice of the peace court of Herington, Kan., with reckless driving, a misdemeanor, in violation of G. S. 1949, 8-531. No warrant was issued, however defendant appeared before the justice…