In re Peck

The opinion of the court was delivered by

Mason, J. :

This is a proceeding to review by habeas corpus the action of an examining magistrate in holding James E. Peck and Emma Peck for trial upon a charge of kidnapping. It grows out of the same state of facts'as the case of In re King, immediately following. The petitioners are prosecuted under'section 47 of the crimes act (Gen. Stat. 1901, § 2032). The defense is that Emma Peck is the mother of the children taken and that James E. Peck is her husband. The case of The State v. Angel, 42 Kan. 216, 21 Pac. 1075, is relied on as justifying this…