Legal Opinion

State v. Ashmore

Supreme Court of Kansas

Decided January 15, 1878PublishedCited by 4 opinions

Appeal from Osage District Court. Ashmore was charged by information, in the district court of Shawnee county, with having feloniously shot and killed his wife. The alleged offense was committed in November 1872, and the information charged murder in the first degree.

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Appeal from Osage District Court. Ashmore was charged by information, in the district court of Shawnee county, with having feloniously shot and killed his wife. The alleged offense was committed in November 1872, and the information charged murder in the first degree. Upon Ashmore’s application the case was sent to Osage county for trial, and was there tried at the November Term 1874. Ashmore was found guilty of murder in the first degree, and was sentenced to suffer the- penalty of death, and was committed to the state penitentiary until such time as the governor, by his warrant should fix…

1Opinion of the Court

*545The opinion of the court was delivered by

Horton, C. J.:

The attorney-general, representing the state, objects to any consideration of this case upon the alleged errors, on the ground that the case is not properly before this court upon appeal, or otherwise; first, because no notice of appeal appears in the transcript; second, because the appeal was not taken within two years after the judgment was rendered.

The first objection is fatal to the jurisdiction of this court; and however much we might desire to pass upon the questions presented by the counsel for the convict, we cannot, within the…

2Cases cited6 opinions

  1. State v. BoyleSupreme Court of Kansas · 1872
  2. Carr v. StateSupreme Court of Kansas · 1863
  3. Neitzel v. City of ConcordiaSupreme Court of Kansas · 1875
  4. State v. KingSupreme Court of Kansas · 1863
  5. State v. BrandonSupreme Court of Kansas · 1870

1 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Cochran v. AmrineSupreme Court of Kansas · 1942
  2. State v. HanesSupreme Court of Kansas · 1960
  3. State v. ShoresSupreme Court of Kansas · 1959
  4. McLean v. StateSupreme Court of Kansas · 1882

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