State v. Potter
Supreme Court of Kansas
Appeal from Leavenworth District Court. Information for murder in the second degree, filed originally in the district court of Atchison county, where a trial and conviction were had. The defendant appealed to this court, when such conviction was reversed and a new trial ordered. (The State v. Isaac Potter, 13 Kas. 414.) After such reversal a change of venue was taken from Atchison county to Leavenworth county.
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Appeal from Leavenworth District Court. Information for murder in the second degree, filed originally in the district court of Atchison county, where a trial and conviction were had. The defendant appealed to this court, when such conviction was reversed and a new trial ordered. (The State v. Isaac Potter, 13 Kas. 414.) After such reversal a change of venue was taken from Atchison county to Leavenworth county. The proceedings subsequent to the order changing the place of trial, and the errors complained of on this appeal, are fully stated in the opinion, infra. Another case growing out of the…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
This was a criminal action for murder in the second degree. The prosecution was instituted in Atchison county, and was removed therefrom on change of venue to Leavenworth county, where the defendant was tried, convicted and sentenced to ten years’ imprisonment in the penitentiary. The defendant now appeals to this court. This is the second time that this case has been in this court. (The State v. Potter, 13 Kas. 414.)
The first supposed error complained of by the defendant is the removal of the cause from Atchison county to Leavenworth…
2Cases cited2 opinions
- State v. PotterSupreme Court of Kansas · 1874
- Shellabarger v. NafusSupreme Court of Kansas · 1875
3Cited by28 opinions
- State v. KentNorth Dakota Supreme Court · 1896
- Cole v. StateCourt of Criminal Appeals of Oklahoma · 1921
- State v. LoweWest Virginia Supreme Court · 1883
- Rea v. StateCourt of Criminal Appeals of Oklahoma · 1909
- State ex rel. Scott v. CrinklawNebraska Supreme Court · 1894
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