State v. Child
Supreme Court of Kansas
Appeal from Chautauqua District Court. This is an appeal from a conviction for a felonious assault alleged to have been committed in the county of Chautauqua on November 18, 1887, upon the person of Willie Watson.
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Appeal from Chautauqua District Court. This is an appeal from a conviction for a felonious assault alleged to have been committed in the county of Chautauqua on November 18, 1887, upon the person of Willie Watson. The indictment upon which the prosecution was had is in the following language: “Of the February term of the district court of Chautauqua county, in the year of our Lord one,thousand eight hundred and eighty-eight, the grand jury duly impaneled and sworn in and for said county of Chautauqua for said February term, 1888, in the name and by the authority of the state of Kansas, upon…
1Opinion of the Court
The opinion of the court was delivered by
Johnston, J.:
The objection that the indictment is not sufficient to sustain the verdict and judgment is fatal to the conviction. The appellants were manifestly prosecuted under § 38 of the crimes act. It provides that—
“Every person who shall, on purpose and of malice aforethought, shoot at or stab another, or assault or beat another, or assault or beat another with a deadly weapon, or by any other means or force likely to produce death or great bodily harm, with intent to kill, maim, ravish or rob such person, or in the attempt to commit any burglary…
2Cases cited3 opinions
- State v. FreemanIndiana Supreme Court · 1842
- Bartlett v. StateCourt of Appeals of Texas · 1886
- Commonwealth v. HerseyMassachusetts Supreme Judicial Court · 1861
3Cited by8 opinions
- State v. HazenSupreme Court of Kansas · 1946
- Hogan v. StateSupreme Court of Florida · 1900
- State v. ChildSupreme Court of Kansas · 1890
- State v. LytleSupreme Court of Kansas · 1955
- State v. PowersSupreme Court of Kansas · 1914
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