State v. Horneman
Supreme Court of Kansas
Appeal Jrom Cowley District Court. Indictment, charging that Horneman, at the county of Cowley, on the 13th of September 1875, with malice aforethought, unlawfully and feloniously assaulted one Enoch Willett, and with a certain loaded pistol or revolver shot him the said Willett with intent then and there him the said Willett to kill and murder. This indictment was found at the September Term 1875 of the district court.
Read the full summary
Appeal Jrom Cowley District Court. Indictment, charging that Horneman, at the county of Cowley, on the 13th of September 1875, with malice aforethought, unlawfully and feloniously assaulted one Enoch Willett, and with a certain loaded pistol or revolver shot him the said Willett with intent then and there him the said Willett to kill and murder. This indictment was found at the September Term 1875 of the district court. The defendant was arrested, and when arraigned for plea, he pleaded that he had already been arraigned and pleaded not guilty to the following complaint: [Title, and Venue.) “…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
Appellant was indicted for the crime of shooting with intent to kill. To this indictment he pleaded autrefois acquit. A demurrer to this plea was sustained; and without waiting until after a trial on the merits, defendant has appealed to this court from the ruling sustaining the demurrer. Doubtless the appeal is premature, and the case not properly before us. No judgment has yet been rendered, and appeals in criminal cases are only from judgments. (Gen. Stat., p. 865, § 281; The State v. Freeland, ante, p. 9.)
But waiving this, we think the…
2Cases cited1 opinion
- Commonwealth v. BakemanMassachusetts Supreme Judicial Court · 1870
3Cited by12 opinions
- State v. SchoonoverSupreme Court of Kansas · 2006
- Wallace v. StateSupreme Court of Florida · 1899
- Morris v. TerritoryCourt of Criminal Appeals of Oklahoma · 1909
- In Re BerkowitzCourt of Appeals of Kansas · 1979
- State v. ColgateSupreme Court of Kansas · 1884
7 more not listed; retrieve them via the Exa API.