Legal Opinion

In re Mutchler

Supreme Court of Kansas

Decided January 15, 1895PublishedCited by 11 opinions

Original Proceeding in Habeas Corpus. A PETITION for writ of habeas corpus was filed in this court on March 21, 1895, on behalf of F. H. Mutchler, who is charged with grand larceny, committed in Johnson county, in this state, on the 5th of January, 1895. The petition, among other things, shows that he was arrested in January, 1895, and on the 5th of February, 1895, had a preliminary examination before a justice of the peace at Olathe, in Johnson county, who found that the…

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Original Proceeding in Habeas Corpus. A PETITION for writ of habeas corpus was filed in this court on March 21, 1895, on behalf of F. H. Mutchler, who is charged with grand larceny, committed in Johnson county, in this state, on the 5th of January, 1895. The petition, among other things, shows that he was arrested in January, 1895, and on the 5th of February, 1895, had a preliminary examination before a justice of the peace at Olathe, in Johnson county, who found that the crime of grand larceny had been committed, that there was probable cause for believing the petitioner guilty thereof, and…

1Opinion of the Court

The opinion of the court was delivered by

Hoeton, C. J. :

The petitioner alleges that he should be discharged from imprisonment because the evidence fails to show the commission of any offense on his part. (In re Eberle, 44 Kas. 472.). It appears that on Tues-dajl, the 5th of January, 1895, at Spring Hill, in Johnson county, M. S. Johns' obtained of S. B. Swarts, a liveryman, a team of horses, with harness, buggy and robe, saying he wanted the team to go to the Hutchinson schoolhouse. This place was a half a mile north and four miles east of Spring Hill.. Soon afterward F. H. Mutchler came to…

2Cases cited2 opinions

  1. State v. WoodruffSupreme Court of Kansas · 1891
  2. In re EberleSupreme Court of Kansas · 1890

3Cited by11 opinions

  1. State v. ThompsonSupreme Court of Kansas · 1976
  2. State v. ClingermanSupreme Court of Kansas · 1973
  3. State v. PrattSupreme Court of Kansas · 1923
  4. Valley Mercantile Co. v. St. Paul Fire & Marine Ins.Montana Supreme Court · 1914
  5. Guffey v. Continental Casualty Co.Supreme Court of Kansas · 1921

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