Legal Opinion

State v. Smith

Supreme Court of Kansas

Decided January 15, 1888PublishedCited by 7 opinions

Appeal from Davis District Court. At the March Term, 1887, of the district court of Davis county, James Smith was prosecuted upon a charge of murder.

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Appeal from Davis District Court. At the March Term, 1887, of the district court of Davis county, James Smith was prosecuted upon a charge of murder. The prosecution was based on the following information, caption and verification omitted: “Now comes H. J. Humphrey, county attorney for the county of Davis, in the state of Kansas, and in the district court in and for said Davis county, at the March, 1887, term of said district court, in the name, by the authority, and on behalf of the state of Kansas, information gives that James Smith, on the 16th day of February, 1887, at the county of Davis…

1Opinion of the Court

The opinion of the court was delivered by

Johnston, J.:

1. Bill of excepn™partUof record. The questions principally discussed upon this appeal cannot be considered here, for the reason that no valid bill of exceptions is found in the record. A paper purporting to be one is attached to the transcript, but it is conceded not to have been allowed and signed within the time prescribed by law. The case was tried and the verdict rendered at the March term, 1887, and motions for a new trial and in arrest of judgment were overruled and sentence pronounced on the 6th day of April, 1887. On April 7,…

2Cases cited3 opinions

  1. Smith v. StateSupreme Court of Kansas · 1863
  2. Brown v. RhodesSupreme Court of Kansas · 1863
  3. State v. McClintockSupreme Court of Kansas · 1887

3Cited by7 opinions

  1. State v. KeleherSupreme Court of Kansas · 1906
  2. State v. CombsSupreme Court of Kansas · 1891
  3. State v. RatnerSupreme Court of Kansas · 1890
  4. State v. GluckSupreme Court of Kansas · 1892
  5. City of Emporia v. HausslerCourt of Appeals of Kansas · 1897

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