State v. Armell
Supreme Court of Kansas
Appeal from Olíase District Oov/rt. Defendant Armell was prosecuted criminally before a justice of the peace for a violation of the provisions of § 1, cb. 113, Gen. Stat., p. 1095. The complaint was filed February 27,1871, and was as follows: [Titee and Yenue.] “ J. E. Blackshire being duly sworn deposes and says, that on the 13th day of February, 1871, one Jackson Armell, and one Y. E. Blush, did, in the county of Chase, and State of Kansas, then and there dig up a large…
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Appeal from Olíase District Oov/rt. Defendant Armell was prosecuted criminally before a justice of the peace for a violation of the provisions of § 1, cb. 113, Gen. Stat., p. 1095. The complaint was filed February 27,1871, and was as follows: [Titee and Yenue.] “ J. E. Blackshire being duly sworn deposes and says, that on the 13th day of February, 1871, one Jackson Armell, and one Y. E. Blush, did, in the county of Chase, and State of Kansas, then and there dig up a large quantity of clay in which they nor either of them had no interest or right, the same being on land not their own, and on…
1Opinion of the Court
The opinion of the court was delivered by
Kingman, O. J.:
This was a prosecution instituted under section one of chapter 113, Gen. Stat. The prosecution was originally instituted before a justice of the jieace, upon a complaint consisting of an affidavit. The appellant having been convicted appealed to the district court, where he was again tried upon the complaint, and again convicted. From *293this last judgment he appeals to this court. The questions for determination are, first, the sufficiency of the affidavit; second, the extent and effect of the condemnation of the right of way for the…
2Cases cited1 opinion
- United States v. MillsSupreme Court of the United States · 1833
3Cited by22 opinions
- Sutton v. FrazierSupreme Court of Kansas · 1958
- Sullivan v. DavisSupreme Court of Kansas · 1882
- Roberts v. Upper Verdigris Watershed Joint District No. 24Supreme Court of Kansas · 1964
- Howard v. BurkeIllinois Supreme Court · 1910
- Chicago, Kansas & Western Railroad v. GrovierSupreme Court of Kansas · 1889
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