Legal Opinion

Redmond v. State

Supreme Court of Kansas

Decided July 15, 1873PublishedCited by 32 opinions

Error from Coffey District Court. Action upon-a forfeited recognizance, brought in the name of The State by the county attorney, against James Redmond and Samuel C. Jenkins, as sureties, and Samuel Suntzinger, as principal in said recognizance. The defendants answered, alleging that the justice before whom Suntzinger was examined, and who took the recognizance, had no jurisdiction over the alleged offense, and that said recognizance was void.

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Error from Coffey District Court. Action upon-a forfeited recognizance, brought in the name of The State by the county attorney, against James Redmond and Samuel C. Jenkins, as sureties, and Samuel Suntzinger, as principal in said recognizance. The defendants answered, alleging that the justice before whom Suntzinger was examined, and who took the recognizance, had no jurisdiction over the alleged offense, and that said recognizance was void. The case was tried at the May Term 1872 of the district court.' Judgment for The State, and the defendants bring the case here on error. The court below…

1Opinion of the Court

The opinion of the court was delivered by

Valentine, J.:

This was'an action on a criminal recognizance given by the defendants below, (plaintiffs in error,) for the appearance of the defendant Huntzinger, in the district court of Coffey county, to answer to the charge of assault with intent to kill. The recognizance was given in pursuance of a preliminary examination had before a justice of the peace of said county. The judgment in the court below was for the state, and the defendants now claim that the judgment should be reversed, principally on the ground that the record of the justice of the…

2Cited by32 opinions

  1. State v. CrankUtah Supreme Court · 1943
  2. State v. SpauldingSupreme Court of Kansas · 1880
  3. State v. PiolettiSupreme Court of Kansas · 1990
  4. State v. BaileySupreme Court of Kansas · 1884
  5. People v. Sacramento Butchers' Protective Ass'nCalifornia Court of Appeal · 1910

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