In re Edwards
Supreme Court of Kansas
Original Proceedings in Habeas Corpus. Petition for a writ of habeas corpus, filed in this court on February 9, 1886, od behalf of William T.-Edwards, wbo is charged with murder in the first degree in killing one John Wilson, on December 6, 1884. The petition, among other things, shows that on January 2, 1886, the petitioner made a written application to the district court of Sumner county, verified by his oath, to be discharged from custody, and therein alleged, among other…
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Original Proceedings in Habeas Corpus. Petition for a writ of habeas corpus, filed in this court on February 9, 1886, od behalf of William T.-Edwards, wbo is charged with murder in the first degree in killing one John Wilson, on December 6, 1884. The petition, among other things, shows that on January 2, 1886, the petitioner made a written application to the district court of Sumner county, verified by his oath, to be discharged from custody, and therein alleged, among other things, that the information charging him with the offense of murder in the first degree was filed in the district…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
The petitioner claims that he is entitled to his discharge under the provisions of § 221 of the criminal code, which reads:
“If any person, under indictment or information for any offense, and held to answer on bail, shall not be brought to trial before the end of the third term of the court in which the cause is pending, which shall be held after such indictment found or information filed, he shall be entitled to be discharged, so far as relates to such offense, unless the delay happened on his application, or be occasioned by the want of…
2Cases cited2 opinions
- In re DillSupreme Court of Kansas · 1884
- Brooks v. PeopleIllinois Supreme Court · 1878
3Cited by7 opinions
- Raine v. StateTennessee Supreme Court · 1920
- State v. FinkSupreme Court of Kansas · 1975
- In re McMicken for a Writ of Habeas CorpusSupreme Court of Kansas · 1888
- State v. SoucieIndiana Supreme Court · 1955
- State ex rel. Parker v. RoberdsSupreme Court of Kansas · 1942
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