State v. Bowman
Supreme Court of Kansas
Appeal from Phillips district court; Charles W. Smith, judge pro tern. STATEMENT. The appellant was arrested upon a warrant charging-him with the forgery of a check, drawn by him as county treasurer upon the Phillips County Bank for-$4000, and with having presented this forged check to the bank, which was the depositary of county funds, and having obtained the money thereon.
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Appeal from Phillips district court; Charles W. Smith, judge pro tern. STATEMENT. The appellant was arrested upon a warrant charging-him with the forgery of a check, drawn by him as county treasurer upon the Phillips County Bank for-$4000, and with having presented this forged check to the bank, which was the depositary of county funds, and having obtained the money thereon. He waived a. preliminary examination and gave a recognizance for his appearance in the district court, where an information was filed against him in a single count for forgery, which was quashed upon his motion. An…
1Opinion of the Court
*475The opinion of the court was delivered by
Benson, J.:
The appellant alleges error in trying the issue upon the plea in abatement without a. jury. It is doubtful whether any issue of fact for a jury was presented under this plea, as the question whether a preliminary examination had been held or waived could be determined from the transcript of the justice’s proceedings which was offered in evidence by the appellant. There was no request for a jury and no exception taken to a trial by the court. Moreover, the information, to which this plea was directed was afterward quashed.
A motion to quash…
2Cases cited5 opinions
- State v. FurbeckSupreme Court of Kansas · 1883
- State v. BakerSupreme Court of Kansas · 1896
- State v. HorneSupreme Court of Kansas · 1872
- State v. ZimmermanSupreme Court of Kansas · 1891
- State v. ShawSupreme Court of Kansas · 1905
3Cited by11 opinions
- State v. OswaldSupreme Court of Kansas · 1966
- State v. McCartherSupreme Court of Kansas · 1966
- State v. BensonSupreme Court of Kansas · 1971
- Hindman v. ShepardSupreme Court of Kansas · 1970
- State v. BusemanSupreme Court of Kansas · 1927
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