State v. Osborn
Supreme Court of Kansas
Appeal from Shawnee District Court. An information was filed in the district court of Shawnee county charging R. S. Osborn with libel, of which the following is a copy: “In the name and by the authority of the state of Kansas, I, H. C. Safford, county attorney in and for the county of Shawnee, in the state of Kansas, who prosecute for and on behalf of said state, in the district court of said county, sitting in and for the county of Shawnee, come now here and give the court…
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Appeal from Shawnee District Court. An information was filed in the district court of Shawnee county charging R. S. Osborn with libel, of which the following is a copy: “In the name and by the authority of the state of Kansas, I, H. C. Safford, county attorney in and for the county of Shawnee, in the state of Kansas, who prosecute for and on behalf of said state, in the district court of said county, sitting in and for the county of Shawnee, come now here and give the court to understand and be informed, that R. S. Osborn, whose Christian name to affiant is unknown, at the county of Shawnee,…
1Opinion of the Court
The opinion of the court was delivered by
Johnston, J.:
5. Defective verification waiver. R. S. Osborn was convicted upon the charge of dictating, composing, and causing to be composed, written, and published, a false and malicious libel concerning Cyrus Leland. The sufficiency of the information is challenged, and the first objection made against it is, that the verification is defective. "While the information purports to have been made by H. C. Salford and signed by him as county attorney, the jurat recites that B. M. Curtis appeared before the clerk of the court and swore to the truth of…
Also in this document: Dissent.
2Cases cited5 opinions
- Wilson v. NoonanWisconsin Supreme Court · 1871
- State v. OteySupreme Court of Kansas · 1871
- Clay v. PeopleIllinois Supreme Court · 1877
- State v. ClyneSupreme Court of Kansas · 1894
- Bonfield v. McGreavyAppellate Court of Illinois · 1882
3Cited by11 opinions
- In Re TalleyCourt of Criminal Appeals of Oklahoma · 1910
- Williams v. PeopleSupreme Court of Colorado · 1899
- State v. McCafferyMontana Supreme Court · 1895
- United States v. McDonaldDistrict Court, D. Minnesota · 1923
- Abbott Bros. v. United StatesCourt of Appeals for the Seventh Circuit · 1917
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