Legal Opinion

State v. Angel

Supreme Court of Kansas

Decided July 15, 1889PublishedCited by 8 opinions

Appeal from, Elk Distriet Court. On the 2d day of May, 1889, the following information, omitting caption and verification, was filed in the district court of Elk county: “I, the undersigned, county attorney of said county, in the name, by the authority and on behalf of the state of Kansas, give information that on the 8th day of March, 1889, in said county of Elk and state of Kansas, one James Angel did then and there unlawfully, feloniously, forcibly and fraudulently decoy,…

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Appeal from, Elk Distriet Court. On the 2d day of May, 1889, the following information, omitting caption and verification, was filed in the district court of Elk county: “I, the undersigned, county attorney of said county, in the name, by the authority and on behalf of the state of Kansas, give information that on the 8th day of March, 1889, in said county of Elk and state of Kansas, one James Angel did then and there unlawfully, feloniously, forcibly and fraudulently decoy, entice, take and carry away from one W. B. Willis, and from the residence of said Willis, in Elk county, state of…

1Opinion of the Court

The opinion of the court was delivered by

Horton, C. J.:

This was a criminal prosecution under § 47 of the erimes-and-punishments act. This section reads:

“Every person who shall maliciously, forcibly or fraudulently lead, take or carry away, or decoy or entice away, any child under the age of twelve years, with intent to detain or conceal such child from its parent, guardian, or other person having the lawful charge of such child, shall upon conviction be punished by confinement and hard labor not exceeding five years, or imprisonment in the county jail not less than six months.”

The principal…

2Cases cited1 opinion

  1. State v. JonesSupreme Court of Kansas · 1876

3Cited by8 opinions

  1. State v. ElliottSupreme Court of Louisiana · 1930
  2. State v. HuhnSupreme Court of Missouri · 1940
  3. State v. DeweySupreme Court of Iowa · 1912
  4. State v. BeslinIdaho Supreme Court · 1911
  5. In re PeckSupreme Court of Kansas · 1903

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