State v. Hansford
Supreme Court of Kansas
Appeal from Shawnee district court; Alston W. Dana, judge. STATEMENT. Allen Hansford was prosecuted on a charge of statutory rape. Issue was joined by a plea of not guilty and the case brought on for trial. A jury was duly impaneled, its members' having satisfactorily answered all questions touching their qualifications as jurors. The trial was entered upon, witnesses were sworn and examined, and the case proceeded until adjournment at the end of the day.
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Appeal from Shawnee district court; Alston W. Dana, judge. STATEMENT. Allen Hansford was prosecuted on a charge of statutory rape. Issue was joined by a plea of not guilty and the case brought on for trial. A jury was duly impaneled, its members' having satisfactorily answered all questions touching their qualifications as jurors. The trial was entered upon, witnesses were sworn and examined, and the case proceeded until adjournment at the end of the day. On the following morning when the court convened the trial judge said: “Gentlemen, the court is informed that one of the jurors has a…
1Opinion of the Court
The opinion of the court was delivered by
Johnston, C. J.:
The appellant contends that the discharge of the jury in the manner and for the reasons stated and without his consent bars further prosecution. It is a well-settled principle of common and constitutional law that a person cannot be put in jeopardy a second time upon the same charge. It is a maxim of the common law that no one should be twice vexed for the same cause, and this rule has been incorporated in the federal and state constitutions. It finds expression in our own constitution in these words: “No person shall ... be twice put…
2Cases cited16 opinions
- United States v. PerezSupreme Court of the United States · 1824
- Logan v. United StatesSupreme Court of the United States · 1892
- Simmons v. United StatesSupreme Court of the United States · 1891
- Thompson v. United StatesSupreme Court of the United States · 1894
- Cluverius v. CommonwealthSupreme Court of Virginia · 1886
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3Cited by29 opinions
- State v. SlorahSupreme Judicial Court of Maine · 1919
- State v. FosterSupreme Court of Kansas · 2010
- State v. RaceSupreme Court of Kansas · 2011
- State v. SandstromSupreme Court of Kansas · 1979
- State v. FinleySupreme Court of Kansas · 1971
24 more not listed; retrieve them via the Exa API.