In re Bozeman
Supreme Court of Kansas
Original Proceeding in Habeas Corpus. On the 3d day of September, 1889, there was filed in the district court of Meade county, against T. O. Bozeman, an information in the following words and figures, omitting caption, signature, and verification: “I, R. W. Griggs, the undersigned, county attorney of said county, in the name, by the authority and on behalf of the state of Kansas, come now here and give the court to understand and be informed that on the 20th day of August,…
Read the full summary
Original Proceeding in Habeas Corpus. On the 3d day of September, 1889, there was filed in the district court of Meade county, against T. O. Bozeman, an information in the following words and figures, omitting caption, signature, and verification: “I, R. W. Griggs, the undersigned, county attorney of said county, in the name, by the authority and on behalf of the state of Kansas, come now here and give the court to understand and be informed that on the 20th day of August, 1889, in said county of Meade and state of Kansas, one T. S. Bozeman did then and there unlawfully, and feloniously and…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
It is contended that the facts set forth in the information do not constitute any public offense, and that the information cannot be so amended that the provable facts will meet the objections taken against it. In support of this it is claimed: First, that it does not appear from the information that a member of the school board is a public officer within the meaning of §§ 193 or 198 of the crimes act; and second, that whether he be such an officer or not, there was not any public or official duty devolved by law upon George W. Ragon, as…
2Cases cited2 opinions
- Hemme v. School District No. 4Supreme Court of Kansas · 1883
- Monticello Bank v. District Township of Coffin's GroveSupreme Court of Iowa · 1879
3Cited by1 opinion
- State v. AddisonSupreme Court of Louisiana · 1914