State v. McEwen
Supreme Court of Kansas
Appeal from Leavenworth Criminal Court. An information was filed against McKwen for obtaining goods under false pretenses. At th.e December Term 1872, a motion to quash, upon the ground that “the facts stated in the information do not constitute a public offense,” was sustained. From this decision of the criminal court The State appealed; and now in this court the defendant moves to dismiss the appeal, for reasons stated in the opinion.
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
This was a criminal prosecution in the criminal court of Leavenworth county. The defendant moved to quash the information in said court and the court sustained the motion. The county attorney then in behalf of the state appealed to this court under § 285 of the criminal code, *38(Gen. Stat., 866,) by serving the proper notice on the defendant and the clerk of the said court. Said notices were served December 11th 1872. The transcript of the record of the proceedings of the court below was not filed in the supreme court until January 22d…
2Cited by6 opinions
- McLean v. StateSupreme Court of Kansas · 1882
- State v. TeissedreSupreme Court of Kansas · 1883
- State v. CatonSupreme Court of Kansas · 1905
- In re ChambersSupreme Court of Kansas · 1883
- City of Kingman v. JonesSupreme Court of Kansas · 1909
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