In re Howard

The opinion of the court was delivered by

Smith, J.:

The petitioner was prosecuted in the district court of Johnson county on an information charging him with stealing chickens in the night-time. The *274following is the record of the proceedings had on such information:

“Now, on this day comes plaintiff, by Charles C. Hoge, county attorney, and attorney for the prosecution, and as well also comes defendant’s attorney, Chancy B. Little, who announces to the court that the defendant herein is in the custody of P. K. Hendrix, sheriff of Johnson county, Kansas, and is in the jail of said county, and is…