State v. Braden
Supreme Court of Kansas
Appeal from Montgomery district court; Thomas J. Flannelly, judge. STATEMENT. On November 9, 1906, an information was filed in the district court of Montgomery county against appellant which reads: “In the name, and by the authority, of the state of Kansas, I, Thomas E. Wagstaff, county attorney, of Montgomery county, in the state of Kansas, who prosecutes for and on behalf of said state in all courts holden in said county, and duly authorized and empowered to inform of all…
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Appeal from Montgomery district court; Thomas J. Flannelly, judge. STATEMENT. On November 9, 1906, an information was filed in the district court of Montgomery county against appellant which reads: “In the name, and by the authority, of the state of Kansas, I, Thomas E. Wagstaff, county attorney, of Montgomery county, in the state of Kansas, who prosecutes for and on behalf of said state in all courts holden in said county, and duly authorized and empowered to inform of all offenses committed therein, come now here and give the above-entitled court to understand and be informed that…
1Opinion of the Court
The opinion of the court was delivered by
Graves, J.:
The motion to dismiss was properly denied. The state is allowed three terms after the information is filed in which to bring a defendant to trial. In this case the information was not filed until November 9, 1906. The trial was had at the May term following. The information could have been filed at the October term, 1906, as the transcript from the justice of the peace who held the preliminary examination was filed September 18, 1906. If the defendant -desired to hasten the trial he should have made appli■cation to the court to require the…
2Cases cited2 opinions
- State v. ReddickSupreme Court of Kansas · 1871
- In re HowardSupreme Court of Kansas · 1905
3Cited by7 opinions
- State v. RowlandSupreme Court of Kansas · 1952
- In re TrullSupreme Court of Kansas · 1931
- State v. FrySupreme Court of Kansas · 1930
- State v. PattersonSupreme Court of Kansas · 1928
- State ex rel. Elms v. BrownSupreme Court of Minnesota · 1921
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