Lowe v. Kansas
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE STATE OF KANSAS. An information, in the name and behalf of the State of Kansas, by J. Y. Beekman, the county attorney of Chatauqua County, against one E. Keifer, for a criminal libel upon Sandy Lowe, was filed September 28,1889, in the district court of that county and State, and was afterwards, upon the defendant’s motion for a change of venue, transferred to the district court of Elk county for trial.
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ERROR TO THE SUPREME COURT OF THE STATE OF KANSAS. An information, in the name and behalf of the State of Kansas, by J. Y. Beekman, the county attorney of Chatauqua County, against one E. Keifer, for a criminal libel upon Sandy Lowe, was filed September 28,1889, in the district court of that county and State, and was afterwards, upon the defendant’s motion for a change of venue, transferred to the district court of Elk county for trial. Annexed to the information was the affidavit of Lowe, subscribed and sworn to before the clerk of the court, “ that the allegations and averments contained in…
1Opinion of the Court
163 U.S. 81 (1896)
LOWE
v.
KANSAS.
No. 174.
Supreme Court of United States.
Submitted March 24, 1896.
Decided May 18, 1896.
ERROR TO THE SUPREME COURT OF THE STATE OF KANSAS.
Mr. George Chandler for appellant.
No appearance for appellee.
MR. JUSTICE GRAY, after stating the case, delivered the opinion of the court.
The code of criminal procedure of the State of Kansas provides that "whenever it shall appear to the court or jury trying the case, that the prosecution has been instituted without probable cause and from malicious motives, the name of the prosecutor shall be ascertained and stated in the…
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