In re Schurman
Supreme Court of Kansas
Original Proceeding in Habeas Coipus. ON December 5, 1887, August Schurman and William F. Ringle were arrested upon a warrant issued by a justice of the peace of Kearney township, then an unorganized county, attached to Hamilton county for judicial purposes, and it was based on a complaint made by the county attorney of Hamilton county, which set out the same charge as is contained in the information hereinafter quoted.
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Original Proceeding in Habeas Coipus. ON December 5, 1887, August Schurman and William F. Ringle were arrested upon a warrant issued by a justice of the peace of Kearney township, then an unorganized county, attached to Hamilton county for judicial purposes, and it was based on a complaint made by the county attorney of Hamilton county, which set out the same charge as is contained in the information hereinafter quoted. On March 27,1888, the petitioners were discharged, the state declining to further prosecute under that warrant, but they were immediately re-arrested upon a warrant charging a…
1Opinion of the Court
The opinion of the court was delivered by
JoiiNSTON, J.:
The imprisonment from which the petitioners seek to be released is alleged to be illegal, on the *538grounds that the judge of the district court, who acted as magistrate, had no authority to commit them for trial in the district court of Kearney county; that there was no authority to hold a term of court in Kearney county at the term when the information was filed and the warrant issued; and finally, that the information did not charge the petitioners with the commission of a public offense.
In respect to the first ground, it appears that…
2Cases cited5 opinions
- State v. WilsonSupreme Court of Connecticut · 1862
- Beasley v. StateSupreme Court of Alabama · 1851
- State v. BunkerSupreme Court of Kansas · 1888
- Ladd v. StateSupreme Court of Florida · 1879
- State v. BrannanNevada Supreme Court · 1867
3Cited by8 opinions
- Musgrave v. StateIndiana Supreme Court · 1892
- Nemecek v. StateCourt of Criminal Appeals of Oklahoma · 1941
- State v. BowlesSupreme Court of Kansas · 1905
- Booth v. StateCourt of Criminal Appeals of Oklahoma · 1964
- State v. Logan & CromwellSupreme Court of Kansas · 1983
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