Legal Opinion

State v. Calhoun

Supreme Court of Kansas

Decided January 15, 1893PublishedCited by 57 opinions

Error from Marion District Court. All of the material facts are stated in the opinion, filed January 7, 1893. The court below erred in overruling the objection made by plaintiff in error to the swearing of the jury, for the reason that the court below had no jurisdiction to try the ease.

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Error from Marion District Court. All of the material facts are stated in the opinion, filed January 7, 1893. The court below erred in overruling the objection made by plaintiff in error to the swearing of the jury, for the reason that the court below had no jurisdiction to try the ease. As the trial of the case, in the event plaintiff below succeeded, meant that the judgment of the court in two cases would be vacated and set aside, it cannot be contended that the court below had any right to vacate, modify or set aside the judgments complained of, except as it proceeded according to either…

1Opinion of the Court

*528The opinion of the court was delivered by

Valentine, J.:

At the February term of the district court of Marion county, in 1885, the grand jury found two indictments against Robert Calhoun for defiling females under the age of 18 years, committed to his care and protection, by carnally knowing them. The fact of such indictments having been found became known in the community. The public mind became greatly excited and hostile to the accused. Threats of lynching him were freely made, and preparations to carry out the same were apparently going on. Knowledge of these threats and preparations was…

2Cases cited3 opinions

  1. Sanders v. StateIndiana Supreme Court · 1882
  2. U. P. R. W. Co. v. RollinsSupreme Court of Kansas · 1869
  3. Powell v. GottSupreme Court of Missouri · 1850

3Cited by57 opinions

  1. People v. ReidCalifornia Supreme Court · 1924
  2. People v. MooneyCalifornia Supreme Court · 1918
  3. Lamb v. State of FloridaSupreme Court of Florida · 1926
  4. Nickels v. StateSupreme Court of Florida · 1923
  5. People v. VernonCalifornia Court of Appeal · 1935

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