State v. O'Shea
Supreme Court of Kansas
Appeal from Sedgwick district court; D. M. Dale, judge. STATEMENT. On January 6, 1898, an information was filed in the district court of Sedgwick county charging Patrick O’Shea with an assault on James Dawson with intent to kill him. A trial of the charge resulted in a conviction and a sentence to the penitentiary for a term of eight years.
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Appeal from Sedgwick district court; D. M. Dale, judge. STATEMENT. On January 6, 1898, an information was filed in the district court of Sedgwick county charging Patrick O’Shea with an assault on James Dawson with intent to kill him. A trial of the charge resulted in a conviction and a sentence to the penitentiary for a term of eight years. He appealed from the conviction and judgment, and upon a review in the supreme court the judgment was reversed and a new trial ordered. {The State v. O’Shea, 59 Kan. 593, 53 Pac. 876.) After the reversal and on September 13, 1898, Dawson died, after which…
1Opinion of the Court
The opinion of the court was delivered by
Johnston, J. :
The first objection brought to our attention in this review is to the rulings of the court on challenges of persons called to serve as jurors. Some of them stated on their voir dire that they had formed opinions as to the commission of the offense charged, but it appears upon further examination that the opinions so formed did not extend beyond the fact that O’Shea had fired the fatal shots. The fact that Dawson was shot by O’Shea, and that death resulted from the shooting, was not disputed. Throughout the trial the shooting and…
2Cases cited14 opinions
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3Cited by12 opinions
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