City of Kansas v. O'Connor
Court of Appeals of Kansas
Appeal from the Jaclcson Criminal Court. — Hon. H. P. White, Judge. (1) The court was powerless to proceed to final judgment in said cause, because no information was filed against the defendant as required by ordinance. (a) There is no express provision of the charter of the City of Kansas, which authorizes any further steps against a defendant on the complaint, except the insurance of a warrant, and the arrest of the defendant.
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Appeal from the Jaclcson Criminal Court. — Hon. H. P. White, Judge. (1) The court was powerless to proceed to final judgment in said cause, because no information was filed against the defendant as required by ordinance. (a) There is no express provision of the charter of the City of Kansas, which authorizes any further steps against a defendant on the complaint, except the insurance of a warrant, and the arrest of the defendant. Sec. 6, art. 12, of charter, copied in abstract. (5) The ordinances of the city expressly provide, that all cases triable before the recorder “shall be proceeded…
1Opinion of the CourtSmith, P. J.
— The abstract of the record in this case neither sets forth the evidence in haec verba nor even its tendency, so that we are unable to determine, though asked to do so, whether the evidence adduced at the trial was or was not sufficient to justify the criminal court in refusing certain instructions asked by the defendant.
In a case where it is sought to have us pass upon the question, whether there was evidence before the trial court sufficient to entitle a party to an instruction embodying any particular theory of the law, in the preparation of the abstract of the evidence, some regard…
2Cases cited8 opinions
- Ex parte HollwedellSupreme Court of Missouri · 1881
- City of Kansas v. ClarkSupreme Court of Missouri · 1878
- State v. KelmSupreme Court of Missouri · 1883
- Phillips v. County CommissionersMassachusetts Supreme Judicial Court · 1877
- Goodson v. Wabash, St. Louis & Pacific Railway Co.Missouri Court of Appeals · 1886
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3Cited by9 opinions
- Kansas City v. AsbyMissouri Court of Appeals · 1964
- Kansas City v. NealMissouri Court of Appeals · 1892
- Bank of Tipton v. DavidsonMissouri Court of Appeals · 1890
- City of Pilot Grove v. McCormickMissouri Court of Appeals · 1894
- City of St. Joseph v. HarrisMissouri Court of Appeals · 1894
4 more not listed; retrieve them via the Exa API.