Legal Opinion

State v. Boyle

Supreme Court of Kansas

Decided July 15, 1872PublishedCited by 32 opinions

Appeal from Labette District Court. The action below was a criminal prosecution for a misdemeanor. The defendant Boyle, after conviction and judgment, filed a “petition in error” for a review of the judgment. The proceedings thereon, and the proceedings by which the case here was converted into an “appeal,” are sufficiently stated in the opinion.

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Appeal from Labette District Court. The action below was a criminal prosecution for a misdemeanor. The defendant Boyle, after conviction and judgment, filed a “petition in error” for a review of the judgment. The proceedings thereon, and the proceedings by which the case here was converted into an “appeal,” are sufficiently stated in the opinion. The record shows, by way of recital, that on the 17th of May 1871 one Mary A. Higby made complaint before a justice of the peace against defendant Boyle “for settling upon and taking possession of 160 acres of land, and dwelling-house thereon,” etc.,…

1Opinion of the Court

The opinion of the court was delivered by

Valentine, J.:

i. criminal cases — Row reviewed. This was a criminal action. The verdict in the court below was against the defendant, and he was sentenced and adjudged to pay a fine of $25, and costs of prosecution, and stand committed to the county jail until the same were paid. After the sentence and judgment the defendant brought the case to this court on petition in error. It does not seem from the record filed in this court that any attempt was made to take an appeal under § 285 A x 0f the criminal code, as the record does not show that any notice…

2Cases cited2 opinions

  1. Gilleland v. SchuylerSupreme Court of Kansas · 1872
  2. Willetts v. JeffriesSupreme Court of Kansas · 1870

3Cited by32 opinions

  1. Pinkston v. Rice Motor Co.Supreme Court of Kansas · 1956
  2. Varner v. MartinWest Virginia Supreme Court · 1883
  3. Merlo v. Johnston City & Big Muddy Coal & Mining Co.Illinois Supreme Court · 1913
  4. Jenness v. CutlerSupreme Court of Kansas · 1874
  5. State v. CrawfordSupreme Court of Kansas · 1873

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