Legal Opinion

State v. Cassady

Supreme Court of Kansas

Decided January 15, 1874PublishedCited by 2 opinions

Appeal from Atchison district court. The information in this case is as follows: “S. H. Glenn, county attorney in and for the county of Atchison, state af Kansas, and in the name and by the authority of said state of Kansas, comes here into the district court of said Atchison county, on this ninth day of June, 1873, and gives the said court to understand and be informed that the defendants, George Fleming and David Cassady, late of said Atchison county, on or about the night…

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Appeal from Atchison district court. The information in this case is as follows: “S. H. Glenn, county attorney in and for the county of Atchison, state af Kansas, and in the name and by the authority of said state of Kansas, comes here into the district court of said Atchison county, on this ninth day of June, 1873, and gives the said court to understand and be informed that the defendants, George Fleming and David Cassady, late of said Atchison county, on or about the night of the twenty-second day of April, 1873, at the said county of Atchison and state of Kansas, then and there being, did…

1Opinion of the CourtBrewer, J.

Defendant was tried in the district court of Atchison county on an information charging burglary and grand larceny. The jury found him guilty of being “an accessary before the fact to grand larceny.” Upon this verdict he was sentenced to two years’ imprisonment. Several questions are presented in the record. The first important *one is whether, under an information charging a party as principal, he can be convicted of being an accessary before the fact. In other words, must not the information charge him as accessary, and not as principal? Section 115 of the Code of Criminal Procedure (Gen.…

2Cases cited9 opinions

  1. Knickerbocker v. . the PeopleNew York Court of Appeals · 1870
  2. Johns v. StateIndiana Supreme Court · 1862
  3. People v. ChambersCalifornia Supreme Court · 1861
  4. Conkwright v. PeopleIllinois Supreme Court · 1864
  5. Unger v. StateMississippi Supreme Court · 1872

4 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Rutter v. Territory of OklahomaSupreme Court of Oklahoma · 1902
  2. Planck v. BishopNebraska Supreme Court · 1889

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