State v. Matthews
Supreme Court of Kansas
Appeal from Shawnee District Court. This was a criminal prosecution upon an information containing two counts, in which the defendant, M. E. Matthews, was charged with obtaining a check and signature and money upon false pretenses. A trial was had before the court and a jury, and at the close of the evideuce for the state the prosecution elected to rely for a conviction upon the second count of the information, and entered a nolle prosequi as to the first count.
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Appeal from Shawnee District Court. This was a criminal prosecution upon an information containing two counts, in which the defendant, M. E. Matthews, was charged with obtaining a check and signature and money upon false pretenses. A trial was had before the court and a jury, and at the close of the evideuce for the state the prosecution elected to rely for a conviction upon the second count of the information, and entered a nolle prosequi as to the first count. The aforesaid second count, omitting title and signature, reads as follows: “And in the name and by the authority of the state of…
1Opinion of the Court
*599The opinion of the court was delivered by
Valentine, J.:
The principal facts involved in this case, as the evidence on the part of the prosecution tended to show, and as was evidently found by the trial court and the jury, stated briefly, are substantially as follows: Prior to 1886 A. C. Wallace died intestate, leaving as his heirs his widow, Phoebe J. Wallace, and two children, Mary J. Wallace and Phineas Wallace, and also leaving real and personal property. Afterward, and on July 15, 1886, the widow, Phoebe J. Wallace, died intestate, leaving as her heirs five children, Mary J. Wallace,…
2Cases cited21 opinions
- Drury v. FosterSupreme Court of the United States · 1865
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- Pence v. ArbuckleSupreme Court of Minnesota · 1876
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- In re SnyderSupreme Court of Kansas · 1877
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