State v. Daugherty
Supreme Court of Kansas
Appeal from Comanche district court; E. H. Madison, judge. STATEMENT. Appellant, a man about forty years old, was upon his trial in the district court of Comanche county upon a complaint charging statutory rape committed upon the person of his foster-daughter, a child between •twelve and thirteen years of age. The child had been living with appellant and wife since she was four or five years old.
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Appeal from Comanche district court; E. H. Madison, judge. STATEMENT. Appellant, a man about forty years old, was upon his trial in the district court of Comanche county upon a complaint charging statutory rape committed upon the person of his foster-daughter, a child between •twelve and thirteen years of age. The child had been living with appellant and wife since she was four or five years old. From the evidence, it appears that one evening, about nine or ten o’clock, he, with the child, both riding horses, started to go to the home of a •neighbour, about one mile away, where the wife of…
1Opinion of the Court
*476The opinion of the court was delivered by
Cunningham, J.:
1- —matter°0fTa?s-e cretion. An application for a change of venue was made and overruled. It was supported by a large number of affidavits which tended to show the hostile feeling of the inhabitants of the county against the appellant, and generally expressed the opinion that he could not obtain a x fair and impartial trial by reason thereof. These affidavits very generally followed the same form, and were evidently prepared in bulk’ by attorneys and signatures obtained to them. A less number of affidavits were filed by the state, some…
2Cases cited14 opinions
- Welsh v. StateIndiana Supreme Court · 1890
- Bailey v. CommonwealthSupreme Court of Virginia · 1886
- People v. CollinsCalifornia Supreme Court · 1895
- State v. PotterSupreme Court of Kansas · 1876
- Bond v. StateSupreme Court of Arkansas · 1897
9 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- State of Kansas v. RobertsSupreme Court of Kansas · 1915
- State v. HolmWyoming Supreme Court · 1950
- State v. GriffinWashington Supreme Court · 1906
- State v. FowlerIdaho Supreme Court · 1907
- State v. McLemoreSupreme Court of Kansas · 1917
11 more not listed; retrieve them via the Exa API.