State v. King
Supreme Court of Kansas
The facts of the case appear in the opinion of the court. The first decision of the court below, excepted to, is that of entertaining “amotion to quash,” after “plea of not guilty,” entered by defendant upon his arraignment. In respect to the order of arraignment and trial, the criminal code has not materially changed the common law practice. The practice has been long well settled that a motion to quash cannot be countenanced after a plea of not guilty.
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The facts of the case appear in the opinion of the court. The first decision of the court below, excepted to, is that of entertaining “amotion to quash,” after “plea of not guilty,” entered by defendant upon his arraignment. In respect to the order of arraignment and trial, the criminal code has not materially changed the common law practice. The practice has been long well settled that a motion to quash cannot be countenanced after a plea of not guilty. (See vol. 1, p. 102, Code of 1853 of Arch. Or. Pr. and PI., and eases cited,.) The reason given that in such case the party will he left to…
1Opinion of the Court
*467By tlie Court,
Bailey, J.
At the February term of the district court for the county of Atchison for the year 1862, an indictment was found against King by the grand jury for said county, containing three counts, for official misconduct in the office of treasurer of said county of Atchison.
At the September term of the court for said county the defendant was arraigned upon said indictment and plead “not guilty,” and thereupon the cause was continued until the February term of said court, 1863, at which latter term the defendant, by his counsel, filed a motion to quash the indictment.
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2Cited by7 opinions
- State v. ShehiSupreme Court of Kansas · 1959
- State v. SimsSupreme Court of Kansas · 1959
- Cochran v. AmrineSupreme Court of Kansas · 1942
- Neitzel v. City of ConcordiaSupreme Court of Kansas · 1875
- State v. HanesSupreme Court of Kansas · 1960
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