McLaughlin v. State
Supreme Court of Kansas
Error from Clay District Court. Action brought in the name of The State on a forfeited recognizance to recover the amount of the penalty.
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Error from Clay District Court. Action brought in the name of The State on a forfeited recognizance to recover the amount of the penalty. The petition alleged the following facts: That Alonzo F. Dexter had filed a complaint before a justice of the peace, showing that said Dexter was the acting county treasurer of Clay county, and charging Johnson B. McLaughlin, with having, while being and acting as the clerk and deputy of said Dexter, and as such clerk and deputy having the custody and possession of certain moneys for him the said Dexter, “ willfully embezzled and converted to his own use…
1Opinion of the Court
The opinion of the court was delivered by recognizance. A demurrer to the petition having been overruled, judgment was entered in favor of the state. Three points are presented for our consideration. It is insisted that the bond is void because it does not appear “that the defendant
Brewer, J.:
i. Recognizance; its requisites. The action in the district court was on a was legally in custody charged with a public 0ffense ” if by this is meant that the recognizance does not show this fact, it is unnecessary; if that the petition does not, it is incorrect. All that the recognizance need contain is…
2Cited by7 opinions
- Edwards v. StateSupreme Court of Oklahoma · 1913
- Swerdsfeger v. StateSupreme Court of Arkansas · 1879
- Shupe v. StateNebraska Supreme Court · 1894
- Leis v. StateSupreme Court of Kansas · 1905
- City of Kansas City v. HescherCourt of Appeals of Kansas · 1896
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