Guy v. State
Supreme Court of Kansas
The facts of the case appear in the opinion of the court. This cause is brought into this court by Guy, who urges as grounds of error : Pirst. The overruling of his motion in the arrest of judgment. Second. That the indictment is insufficient in law to maintain said action. OuT objection to the deficiency of the indictment is this: That it does not appear that the indictment was found by a grand jury of the county.
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The facts of the case appear in the opinion of the court. This cause is brought into this court by Guy, who urges as grounds of error : Pirst. The overruling of his motion in the arrest of judgment. Second. That the indictment is insufficient in law to maintain said action. OuT objection to the deficiency of the indictment is this: That it does not appear that the indictment was found by a grand jury of the county. The ninety-fifth section of the code of criminal procedure provides “ that an indictment shall be sufficient (among other requisites) if it can be understood that it was found by…
1Opinion of the Court
By the Court,
Kingman, J.
The appellant was indicted in the Doniphan district court for an assault with intent to kill one Ephraim Kelly. He' ivas tried and convicted of an assault and assessed to pay a fine of one dollar.
After verdict, and before judgment, the appellant moved the court to arrest the judgment, on the ground that an assault is not indictable, which motion was overruled and judgment was pronounced against the appellant, from which hé appeals to this court.
The errors assigned are :
First. That the indictment is insufficient.
Second. .That the court erred in overruling the motion for…
Also in this document: Concurrence.
2Cited by5 opinions
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