Legal Opinion

State v. Finley

Supreme Court of Kansas

Decided July 15, 1870PublishedCited by 12 opinions

Appeal from Doniphan District Court. William Finley was charged with having committed an “ assault with intent to kill;” was arrested, examined before M. S. M., a justice of the peace, and bound over for his appearance to the district court.

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Appeal from Doniphan District Court. William Finley was charged with having committed an “ assault with intent to kill;” was arrested, examined before M. S. M., a justice of the peace, and bound over for his appearance to the district court. At the next term, the county attorney filed in the district court an information which, after the formal part, charged, “ that “ William Finley did, on or about the nineteenth day of “ June, 1869, in the county of Doniphan, State of Kan- “ sas, with a certain revolving pistol, the same being a “ deadly weapon, which the said William IHnley had and ■“ held…

1Opinion of the Court

*369The opinion of the court was delivered by

Valentine, 3.:

The defendant William Finley, was charged, on information of the county attorney of Doniphan county, with the offense of assault with intent to commit murder. A trial was had, and the defendant was found guilty of an assault only, and was fined one hundred and fifty dollars, and he now appeals to this court.

Two questions are raised: First, Does the information charge any offense ? Second, Had there been any preliminary examination, etc., before the information was filed ? The appellant raised these questions in the court below by moving…

2Cases cited2 opinions

  1. State v. BarnettSupreme Court of Kansas · 1865
  2. United States v. HerbertU.S. Circuit Court for the District of District of Columbia · 1836

3Cited by12 opinions

  1. State v. McClurgIdaho Supreme Court · 1931
  2. State v. HazenSupreme Court of Kansas · 1946
  3. Canard v. StateCourt of Criminal Appeals of Oklahoma · 1909
  4. State v. McCartherSupreme Court of Kansas · 1966
  5. Uhock v. HandSupreme Court of Kansas · 1958

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