State v. Herold
Supreme Court of Kansas
Appeal from Osage District Court. Complaint in writing, and on oath, was made before a justice of the peace by Geo. Herold, alleging that W. M. Stand-ford and Henry Her old, “on or about the 15th of November 1870, at the county of Osage, did trespass on the N.E.J of sec. 3, township 17 south, range 16 east, by cutting down trees and making rails, and carrying said rails away, being on land not their own, and that the parties charged have no interest or right therein.”
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Appeal from Osage District Court. Complaint in writing, and on oath, was made before a justice of the peace by Geo. Herold, alleging that W. M. Stand-ford and Henry Her old, “on or about the 15th of November 1870, at the county of Osage, did trespass on the N.E.J of sec. 3, township 17 south, range 16 east, by cutting down trees and making rails, and carrying said rails away, being on land not their own, and that the parties charged have no interest or right therein.” The parties were arrested, tried and convicted, and appealed to the district court. The county attorney dismissed the action…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
This was a prosecution for a criminal offense—a misdemeanor—under ch. 113, Gen. Stat., 1095, for cutting down and carrying away timber from land belonging to the United States. The action- was commenced and tried before a' justice of the peace, thence appealed to the district court, there again tried, and thence appealed to this court.
There is no complaint to be found in the record of this case, but the record shows that there was one filed with the *199justice, and that there was also an amended complaint filed in the district court; but the…
2Cases cited1 opinion
- Fitzpatrick v. GebhartSupreme Court of Kansas · 1871
3Cited by11 opinions
- Ohio v. HelveringSupreme Court of the United States · 1934
- Sullivan v. DavisSupreme Court of Kansas · 1882
- Lehnherr v. FeldmanSupreme Court of Kansas · 1921
- State v. HosmerOregon Supreme Court · 1914
- Crane v. StateCourt of Criminal Appeals of Oklahoma · 1917
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