Legal Opinion

State v. Barnett

Supreme Court of Kansas

Decided February 15, 1865PublishedCited by 30 opinions

Criminal Appeal from Shawnee County. The facts upon which the decision is founded are fully-set forth in the subjoined opinion of the court. 1st. The law authorizing the filing of informations is not in conflict with the fifth article of the amendments to the constitution of the United States. 5 Mass., 257; State v. Keyes, 8 Vt., 57; 7 Peters, 215. 2d. It was not necessary to aver that the defendant below had had a preliminary examination, to give the court jurisdiction.

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Criminal Appeal from Shawnee County. The facts upon which the decision is founded are fully-set forth in the subjoined opinion of the court. 1st. The law authorizing the filing of informations is not in conflict with the fifth article of the amendments to the constitution of the United States. 5 Mass., 257; State v. Keyes, 8 Vt., 57; 7 Peters, 215. 2d. It was not necessary to aver that the defendant below had had a preliminary examination, to give the court jurisdiction. Courts take judicial notice of their own records. 10 Mich., 372. 3d. An information should contain only the same averments…

1Opinion of the Court

JBy the Court,

Safkord, J.

On the 22d day of December, A. D. 1864, an information was filed in the Shawnee County District Court against the respondent, charging him with the crime of robbery in the first degree under section 67 Criminal Act. The record shows that previous to the filing of said information the respondent had been arrested on said charge, brought before a justice of the peace, and after examination had was recognized to appear at the next term of said district court. A transcript of the proceedings before the justice was filed in the district court on the 20th of December, 1864.…

2Cited by30 opinions

  1. State v. JeffriesSupreme Court of Missouri · 1908
  2. Bailey v. HudspethSupreme Court of Kansas · 1948
  3. State v. BisagnoSupreme Court of Kansas · 1926
  4. State v. BoswellIndiana Supreme Court · 1886
  5. State v. FosterSupreme Court of Kansas · 1883

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