Jackson v. State
Supreme Court of Kansas
Criminal Appeal from Miami County. The facts of the case sufficiently appear in the opinion of the court. submitted: That no grand jury having presented the paper under which defendant was arraigned, it must be shown that it was an information, else the court had no jurisdiction.
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Criminal Appeal from Miami County. The facts of the case sufficiently appear in the opinion of the court. submitted: That no grand jury having presented the paper under which defendant was arraigned, it must be shown that it was an information, else the court had no jurisdiction. The statute prescribes the form of an information: “All informations shall be filed during the term, * * ' * by the prosecuting attorney of the proper county or district, as informant; he shall subscribe his name thereto, and indorse thereon the name of the witnesses known,” &c. (§2.) “ All informations shall be…
1Opinion of the Court
By the Court,
Kingman, C. J.
The appellant was tried and convicted of horse stealing, at the June term, 1866, of the district court of Miami county.
It appears by the record that the only charge against the appellant, at the time the trial commenced, was an affidavit of one Baptiste Peoria, who had no official character.
The' defendant’s counsel objected to any evidence' being received under that affidavit. The court allowed the county attorney to then sign the affidavit and introduce his evidence; to which, appellant excepted. And the question raised by this exception, is the only one we shall…
2Cited by7 opinions
- State v. DunnSupreme Court of Kansas · 2016
- State v. BergSupreme Court of Kansas · 1985
- State v. BrownSupreme Court of Kansas · 1901
- State v. QueenSupreme Court of Kansas · 1918
- Karrick v. Pratt's ExecutorsSupreme Court of Iowa · 1853
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