State v. Treadwell
Supreme Court of Kansas
Appeal from Lyon District Court. The facts appear in the opinion herein, filed January 5, 1895. 1. The legislature in 1868 enacted what we call § 205 of the criminal code: “It shall be a good cause of challenge to a juror, that he has formed or expressed an opinion on the issue or any material fact to be tried.” Our constitution and code, § 205, extend privileges to the the defendant. The code could not abridge them.
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Appeal from Lyon District Court. The facts appear in the opinion herein, filed January 5, 1895. 1. The legislature in 1868 enacted what we call § 205 of the criminal code: “It shall be a good cause of challenge to a juror, that he has formed or expressed an opinion on the issue or any material fact to be tried.” Our constitution and code, § 205, extend privileges to the the defendant. The code could not abridge them. The state will no doubt invoke the decision of this court in The State v. Medlicott, 9 Kas. 257, to sustain the court below. There is nothing in the opinion to justify the…
1Opinion of the Court
The opinion of the court was delivered by
Johnston, J.:
A. B. Treadwell was convicted upon a charge of breaking and escaping from jail, and the penalty adjudged was imprisonment in the penitentiary for a term of three years, and from that conviction and judgment he appeals to this court.
The principal objection urged against the conviction is the action of the court in overruling the challenges of certain jurors. It appears that the only evidence offered in the case was that presented in behalf of the state. While there is a plea of not guilty, there is not a syllable of evidence to contradict…
2Cases cited1 opinion
- State v. MedlicottSupreme Court of Kansas · 1872
3Cited by2 opinions
- State v. BassnettSupreme Court of Kansas · 1909
- State v. ThomasSupreme Court of Kansas · 1897