In re Broadhead
Supreme Court of Kansas
Original proceeding in habeas corpus. STATEMENT. This is an original proceeding in habeas corpus. No evidence was introduced except the following agreed statement of facts: “It is admitted and agreed that the material facts in the above-entitled case are as follow, to wit: “(1) The offense charged against the said Ted Broadhead is alleged to have been committed July 24, 1899. “ (2) The warrant upon which the petitioner is now held was issued on the 1st day of August, 1899,…
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Original proceeding in habeas corpus. STATEMENT. This is an original proceeding in habeas corpus. No evidence was introduced except the following agreed statement of facts: “It is admitted and agreed that the material facts in the above-entitled case are as follow, to wit: “(1) The offense charged against the said Ted Broadhead is alleged to have been committed July 24, 1899. “ (2) The warrant upon which the petitioner is now held was issued on the 1st day of August, 1899, by J. W. Stow, a justice of the. peace of Elk county, Kansas, and placed in the hands of J. H. Hamilton, as sheriff of…
1Opinion of the Court
The opinion of the court was delivered by
Smith, J.:
The warrant issued in this case was very irregular and informal. Assuming, without deciding, that when issued it contained a sufficient charge to justify the .arrest of the petitioner, two questions remain to be decided: (1) Did the instrument at the time of the arrest of the petitioner, in March, 1906, retain the attributes of a warrant in full force, or was it functus officio ? (2) .Was the action barred by the statute of limitation at the time of the arrest of the petitioner?
It is contended on the part of the state, and authori- ■ ties are…
2Cases cited2 opinions
- In re ClyneSupreme Court of Kansas · 1893
- State v. BrownSupreme Court of Kansas · 1901
3Cited by12 opinions
- Foley v. HamSupreme Court of Kansas · 1917
- State v. PruettSupreme Court of Kansas · 1973
- State Ex Rel. Rome v. FountainSupreme Court of Kansas · 1984
- State v. KilpatrickSupreme Court of Kansas · 1968
- Jarrett v. StateCourt of Criminal Appeals of Oklahoma · 1930
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