State v. Lund
Supreme Court of Kansas
Appeal from, Harper District Court. The facts are stated in the opinion. The defendant, Lund, filed his motion to dismiss this action for the reason that the district court had no jurisdiction of this defendant, for the reason that the action had been originally begun before a justice of the peace, and that said justice, in the place of giving the defendant a trial, treated said hearing as a preliminary examination, and bound this defendant over to appear at the district…
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Appeal from, Harper District Court. The facts are stated in the opinion. The defendant, Lund, filed his motion to dismiss this action for the reason that the district court had no jurisdiction of this defendant, for the reason that the action had been originally begun before a justice of the peace, and that said justice, in the place of giving the defendant a trial, treated said hearing as a preliminary examination, and bound this defendant over to appear at the district court for trial. This is clearly error. The motion was overruled by the court, to which ruling the defendant, Lund,…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
This case, as brought to this court, presents many novel features, and numerous errors are alleged; but, with the views that we entertain, it will not be necessary to discuss many of them. The case, or a very similar one, *214was commenced on July 3,1891, before a justice of the peace of Harper county, in the name of the state of Kansas, and against the defendant, Walter Lund, and others, by filing a complaint charging the defendants in two separate counts, (1) with selling intoxicating liquors in violation of law, and ( 2) with keeping a…
2Cases cited2 opinions
- In re DonnellySupreme Court of Kansas · 1883
- State v. EstlinbaumSupreme Court of Kansas · 1891
3Cited by7 opinions
- De Graff v. StateCourt of Criminal Appeals of Oklahoma · 1909
- Territory of Hawaii v. BlackmanHawaii Supreme Court · 1932
- State v. BrowningSupreme Court of Kansas · 1915
- State v. GreenSupreme Court of Kansas · 1919
- State v. AllphinCourt of Appeals of Kansas · 1895
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