State v. Glenn Lumber Co.

Citations

• 83 Kan. 399
• 111 P. 484
• 1910 Kan. LEXIS 544

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Criminal Law — Appeal by the State — Order Quashing Part of an Information. The state may appeal from an order-quashing- one count of an information, although another count-charging a different act is held sufficient or is not attacked.</p> <p>2. - Appeal by the State — Order Requiring Separate Statements of Matter Pleaded in One Count. Under the statute(Crim. Code,. § 283) authorizing- an appeal by the state in a criminal action “on quashing or setting aside an . . .. information” an appeal may be had from an order requiring-matter pleaded in one count to be separately stated in different counts.</p> <p>3. -Right of Appeal — Rendition of Final Judgment.. Where a motion to quash an information is sustained, and the state refuses to amend, the fact that no. formal final, judgment is entered discharging the defendant is not ground ' for dismissing the appeal.</p> <p>4. Information — Statutory Offense — Agreement to Prevent-Competition. In a prosecution under the statute (Gen. Stat-1909, § 5185) forbidding agreements to prevent competition in the sale of articles, or to control their price, it is not necessary that the information describe the nature of the agreement complained of, further than to characterize it in the language of the statute as intended and adapted to accomplish certain results.</p> <p>5. Statutes — Repeal by Implication — Antitrust Law. The antitrust law of 1889 (Gen. Stat. 1909, §§ 5185-5193) is not repealed by that of 1897 (Gen. Stat. 1909, §§ 5142-5152.)</p> <p>6. Information — Duplicity. An information is not bad for duplicity which charges in one count acts which would constitute a misdemeanor under either of the antitrust laws referred to.</p>