Legal Opinion

State v. Buck

Supreme Court of Kansas

Decided November 9, 1912No. 17,884PublishedCited by 8 opinions

Appeal from Kiowa district court. STATEMENT. The appellant was convicted of the murder of his. wife by means of poison. Errors are assigned upon orders overruling motions to quash the information,, for a new trial and in arrest of judgment. Also upon, various rulings relating to the evidence and instructions.

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Appeal from Kiowa district court. STATEMENT. The appellant was convicted of the murder of his. wife by means of poison. Errors are assigned upon orders overruling motions to quash the information,, for a new trial and in arrest of judgment. Also upon, various rulings relating to the evidence and instructions. The appellant is a physician and has practiced his. profession at Greensburg since October, 1908. He was married in December, 1909. His wife died at her home on October 17, 1910. She was 28 years of age and had possessed excellent health until near the time of her death. Her younger…

1Opinion of the Court

The opinion of the court was delivered by

Benson, J.:

It is contended that the information is not sufficiently direct and certain wherein it charges, poisoning by the administration of “cyanide of potassium and hydrocyanic acid, and also other drugs and poisonous substances to this county attorney unknown.” It is argued that allegations such as the one. italicised are allowed only upon the ground of necessity, and that the necessity did not exist in this case because the results of the autopsy were known before the information was filed.

“It is sufficient to allege that a murder was committed in…

2Cases cited16 opinions

  1. State v. AdamsSupreme Court of Kansas · 1878
  2. People v. . HarrisNew York Court of Appeals · 1893
  3. Cox v. . the PeopleNew York Court of Appeals · 1880
  4. Olive v. StateNebraska Supreme Court · 1881
  5. Commonwealth v. CrossmireSupreme Court of Pennsylvania · 1893

11 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. The People v. RobinsonIllinois Supreme Court · 1958
  2. Timsah Ex Rel. Timsah v. General Motors Corp.Supreme Court of Kansas · 1979
  3. Blake v. StateCourt of Appeals of Maryland · 1929
  4. Bourgeois v. State Highway CommissionSupreme Court of Kansas · 1956
  5. State v. ElftmanSupreme Court of Kansas · 1924

3 more not listed; retrieve them via the Exa API.

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