Cummings v. State
Supreme Court of Kansas
Criminal Appeal from Shawnee County. The following is the agreed statement of the facts : William Cummings and William Reed were jointly charged, by information in the district court in and for Shawnee county, after due preliminary examination, of murder in the first degree, of one Rufus H. Waterman; which information was filed in said court on the 28th day of May, 1867, of the May term of said court.
Read the full summary
Criminal Appeal from Shawnee County. The following is the agreed statement of the facts : William Cummings and William Reed were jointly charged, by information in the district court in and for Shawnee county, after due preliminary examination, of murder in the first degree, of one Rufus H. Waterman; which information was filed in said court on the 28th day of May, 1867, of the May term of said court. On the 4th day of June, A. D. 1867, at the same term of said court, said Reed and Cummings were duly arraigned on said information, and plead not guilty. Afterwards, at said term of court,, to…
1Opinion of the Court
By the Court,
Kingman, C. J.
This cause must be dismissed. The law allows no appeal in a criminal case, until its final determination. The court below refused to discharge the appellant, on motion. He still continues liable - to further proceedings in the case, and, till a final determination, we have no jurisdiction. It would be a bad precedent for us to establish, to exercise illegal authority over a case, even at the request of both parties, as in this case,
v We are clearly of opinion that the appellant was not entitled to his discharge, as a matter of right. He must abide by the discretion…
2Cited by5 opinions
- In re McMicken for a Writ of Habeas CorpusSupreme Court of Kansas · 1888
- State v. RussellSupreme Court of Iowa · 1966
- State v. WallaceSupreme Court of Kansas · 1952
- State v. EdwardsSupreme Court of Kansas · 1886
- State v. LevineSupreme Court of Kansas · 1928