State v. Montgomery
Supreme Court of Kansas
Error from Douglas District Oou/rt. Defendant was ebarged by information witb tbe crime of grand larceny. There bad been a preliminary examination, and tbe information was verified by tbe county attorney “ upon information and belief.” Tbe case was tried at tbe February Term, 1871. Tbe defendant filed an affidavit that tbe regular district judge was a material witness for bim, and thereupon moved for tbe election of a pro t&m. judge, which motion was overruled.
Read the full summary
Error from Douglas District Oou/rt. Defendant was ebarged by information witb tbe crime of grand larceny. There bad been a preliminary examination, and tbe information was verified by tbe county attorney “ upon information and belief.” Tbe case was tried at tbe February Term, 1871. Tbe defendant filed an affidavit that tbe regular district judge was a material witness for bim, and thereupon moved for tbe election of a pro t&m. judge, which motion was overruled. Afterward, and before tbe trial commenced, tbe district judge declined to sit, and directed tbe election of a pro tern, judge, and D.…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
*355i informationiy comity1 attorney. *354Appellant was convicted of the crime of grand larceny and sentenced to confinement and hard labor for two years in the state penitentiary. Oí this judgment he now complains, and alleges several errors. First, that the information upon which he was tried was not properly verified. It was verified by the prosecuting attorney, upon information and belief We think that was sufficient. The law contemplates *355a verification by tbe prosecuting attorney as an oificial act. A party accused has a right to a preliminary…
2Cases cited5 opinions
- Washburn v. PeopleMichigan Supreme Court · 1862
- Noyes v. WardSupreme Court of Connecticut · 1848
- Brown v. RhodesSupreme Court of Kansas · 1863
- Elkins v. HamiltonSupreme Court of Vermont · 1848
- Farner v. TurnerSupreme Court of Iowa · 1855
3Cited by35 opinions
- State v. BeckerSouth Dakota Supreme Court · 1892
- Smurr v. StateIndiana Supreme Court · 1886
- In re MillingtonSupreme Court of Kansas · 1880
- State v. GleasonSupreme Court of Kansas · 1884
- State v. HazledahlNorth Dakota Supreme Court · 1892
30 more not listed; retrieve them via the Exa API.