State v. Roark
Supreme Court of Kansas
Appeal from, Butler District Court. Information for robbery in the first degree, alleged to have been committed by Roark, in Edwards county, in January, 1878. A change of venue was granted the defendant to Butler county, where the case was tried at the March Term, 1879, of the district court, the defendant found guilty as charged, and sentenced accordingly. Roark appeals to this court.
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Appeal from, Butler District Court. Information for robbery in the first degree, alleged to have been committed by Roark, in Edwards county, in January, 1878. A change of venue was granted the defendant to Butler county, where the case was tried at the March Term, 1879, of the district court, the defendant found guilty as charged, and sentenced accordingly. Roark appeals to this court. The court erred in not granting the defendant time to procure the attendanceof his witnesses. (Gen. Stat. 1868, p. 846; §§ 164, 165, 166, 167; pp. 692, 693, §§ 324, 325, 331, 332, 334; 1 Gr. Ev. §§309, 311,…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
Defendant was convicted in the district court of Butler county, of robbery in the first degree. From that conviction he appeals to this court. Various errors are alleged, but the most important and serious one called to our attention is the treatment by the court of the affidavit of the defendant read in evidence upon the trial. The defendant filed an affidavit for a' continuance of the case over the term, on account of the alleged absence of certain witnesses. Thereupon the prosecution consented that the facts alleged in the affidavit…
2Cited by9 opinions
- State v. HumphreySupreme Court of Kansas · 1975
- State v. BarhamSupreme Court of Missouri · 1884
- State v. BurwellSupreme Court of Kansas · 1885
- State v. HickmanSupreme Court of Missouri · 1882
- State v. JonesSupreme Court of Kansas · 1979
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