Legal Opinion

State v. Harp

Supreme Court of Kansas

Decided January 15, 1884PublishedCited by 11 opinions

Appeal from Chautauqua District Court. The appellant, Harry Harp, was convicted of murder in the second degree, at the November Term, 1883, of the district court, and sentenced to confinement and hard labor in the penitentiary of the state for a period of ten years. The following is a copy of the information, (omitting caption and verification): “I, Ben.

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Appeal from Chautauqua District Court. The appellant, Harry Harp, was convicted of murder in the second degree, at the November Term, 1883, of the district court, and sentenced to confinement and hard labor in the penitentiary of the state for a period of ten years. The following is a copy of the information, (omitting caption and verification): “I, Ben. S. Henderson, county attorney in and for the said county of Chautauqua, state of Kansas, in the name and by the authority of the state of Kansas, come now here and give the court’ to understand and be informed that one Harry Harp, on or about…

1Opinion of the Court

The opinion of the court was delivered by

Horton, C. J.:

I. It is insisted that the information is insufficient, in that it fails to state with certainty the time the fatal assault was made, the time when the fatal wound was inflicted, or when the same caused death. Further, it is insisted that the information does not- fix or state a day or year upon which the alleged offense was committed. The information alleges that whatever was done unto the deceased was “on or about the 11th day of August, 1882,” and that “the said August Bendrup then and there died.” In view of the provisions of our…

2Cases cited10 opinions

  1. State v. TullerSupreme Court of Connecticut · 1867
  2. State v. McCordSupreme Court of Kansas · 1871
  3. People v. LittlefieldCalifornia Supreme Court · 1855
  4. State v. BarnettSupreme Court of Kansas · 1865
  5. Smith v. StateSupreme Court of Kansas · 1863

5 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. State of Kansas v. RobertsSupreme Court of Kansas · 1915
  2. State v. WilliamsWashington Supreme Court · 1895
  3. State v. BisagnoSupreme Court of Kansas · 1926
  4. Sparks v. StateSupreme Court of Florida · 1973
  5. State v. DavisSupreme Court of Kansas · 1920

6 more not listed; retrieve them via the Exa API.

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