State v. Guiney
Supreme Court of Kansas
Appeal from Marion District Court. At March term’, 1894, the defendant was tried upon a charge of feloniously breaking and entering a certain freight-car, the property of the Atchison, Topeka & Santa Fe Railroad Company, with the intent then and there to feloniously steal, take and carry away property of the said railroad company, and that, having so entered said car, he did then and there feloniously steal, take and carry away two pairs of shoes, six hams, one 50-pound can…
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Appeal from Marion District Court. At March term’, 1894, the defendant was tried upon a charge of feloniously breaking and entering a certain freight-car, the property of the Atchison, Topeka & Santa Fe Railroad Company, with the intent then and there to feloniously steal, take and carry away property of the said railroad company, and that, having so entered said car, he did then and there feloniously steal, take and carry away two pairs of shoes, six hams, one 50-pound can of lard, and one pair of gloves, of the value of $25, and being the property of said railroad company. lie was convicted…
1Opinion of the Court
The opinion of the court was delivered by
Martin, C. J. :
The question in this case is whether the’court erred or not in arresting judgment upon the conviction for burglary, and this depends upon the constitutionality of §§ 1 and 2 of chapter 121, Laws of 1871, entitled “An act to prescribe the punishment for certain offenses against railroad property and in railroad-cars and buildings.” (¶’¶’2196, 2197, Gen. Stat. of 1889.) The defendant claims that these sections are in contravention of both clauses of § 16 of article 2 of the constitution, the latter of which provides that, “No law shall be…
2Cases cited6 opinions
- Comm'rs of Sedgwick County v. BaileySupreme Court of Kansas · 1874
- Comm'rs of Leavenworth Co. v. HigginbothamSupreme Court of Kansas · 1876
- Berry v. Kansas CitySupreme Court of Kansas · 1894
- Board of Commissioners v. ShoemakerSupreme Court of Kansas · 1882
- Board of Commissioners v. State ex rel. StockslagerSupreme Court of Kansas · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- State ex rel. Amick v. FranciscoSupreme Court of Kansas · 1916
- In re DietrickWashington Supreme Court · 1903
- State v. CountrymanSupreme Court of Kansas · 1897
- Atchison, Topeka & Santa Fe Railway Co. v. Board of EducationSupreme Court of Kansas · 1927
- Hicks v. DavisSupreme Court of Kansas · 1916
4 more not listed; retrieve them via the Exa API.