Clay v. State
Supreme Court of Kansas
Criminal Appeal from Leavenworth County. A statement of the facts of the case may be found in the subjoined opinion of the court. 1. The question raised by the record in this case is, “Whether the courts of this state have cognizance of a larceny committed upon the military reservation of the United States known as Fort Leavenworth ?” The state claims that her jurisdiction over the reserve is 1. Exclusive; or, 2. Concurrent.
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Criminal Appeal from Leavenworth County. A statement of the facts of the case may be found in the subjoined opinion of the court. 1. The question raised by the record in this case is, “Whether the courts of this state have cognizance of a larceny committed upon the military reservation of the United States known as Fort Leavenworth ?” The state claims that her jurisdiction over the reserve is 1. Exclusive; or, 2. Concurrent. The appellant claims that it is not exclusive nor concurrent in the state, but is alone in the United States, in view of art. 1, § 8, Cons. U. S. ; art. 4, § 3, Cons. U.…
1Opinion of the Court
By the Court,
Bailey, J.
The appellant was charged by information filed in the criminal court of Leavenworth county, with larceny, and filed a plea to the jurisdiction of the court, setting up that the offense, if committed at all, was committed within the military reservation of Fort Leavenworth, within the exclusive jurisdiction of the United States. To this plea the prosecuting attorney for Leavenworth county (H. W. Ide, Esq.) demurred, and the court sustained the demurrer.
The appellant duly excepted to the ruling of the court, and, by leave, filed a plea of not guilty, where*55upon the…
2Cases cited2 opinions
- United States v. BevansSupreme Court of the United States · 1818
- Inhabitants of Blackstone v. Inhabitants of SeekonkMassachusetts Supreme Judicial Court · 1851
3Cited by9 opinions
- Marion v. StateNebraska Supreme Court · 1884
- Hoffman v. Leavenworth Light, Heat & Power Co.Supreme Court of Kansas · 1914
- State ex rel. Cashman v. Board of CommissionersIndiana Supreme Court · 1899
- In re JohnsonSupreme Court of Kansas · 1873
- Reynolds v. PeopleSupreme Court of Colorado · 1869
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