Lowe v. Kansas
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE STATE OF KANSAS. An information, in the name and behalf of the State of Kansas, by J. Y. Beekman, the county attorney of Chatauqua County, against one E. Keifer, for a criminal libel upon Sandy Lowe, was filed September 28,1889, in the district court of that county and State, and was afterwards, upon the defendant’s motion for a change of venue, transferred to the district court of Elk county for trial.
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ERROR TO THE SUPREME COURT OF THE STATE OF KANSAS. An information, in the name and behalf of the State of Kansas, by J. Y. Beekman, the county attorney of Chatauqua County, against one E. Keifer, for a criminal libel upon Sandy Lowe, was filed September 28,1889, in the district court of that county and State, and was afterwards, upon the defendant’s motion for a change of venue, transferred to the district court of Elk county for trial. Annexed to the information was the affidavit of Lowe, subscribed and sworn to before the clerk of the court, “ that the allegations and averments contained in…
1Opinion of the CourtJustice Gray
The code of criminal procedure of the State of Kansas provides that “ whenever it shall appear to the court or jury trying the case, that the prosecution has been instituted without probable cause and from malicious motives, the name of the prosecutor shall be ascertained and stated in the finding; and such prosecutor shall be adjudged to pay the costs, and may be committed to the county jail until the same are paid, or secured to be paid.” Kansas Gen. Stat. of 1889, c. 82, § 326.
The only question presented by the record for the determination of this court is whether this enactment, as…
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