Legal Opinion

Jackson v. State

Supreme Court of Kansas

Decided July 15, 1893PublishedCited by 5 opinions

Error from Coffey District Court. This action was brought on a recognizance given in the case of The State of Kansas v. Thomas Jackson, which reads as follows: “Whekeas, Upon good cause shown, the above-entitled action was, on the 19th day of April, 1888, continued for judgment and sentence of the court against said defendant, unto the next term of the above-named court: Now, we, the undersigned residents of said county and state, bind ourselves to the state of Kansas, in…

Read the full summary

Error from Coffey District Court. This action was brought on a recognizance given in the case of The State of Kansas v. Thomas Jackson, which reads as follows: “Whekeas, Upon good cause shown, the above-entitled action was, on the 19th day of April, 1888, continued for judgment and sentence of the court against said defendant, unto the next term of the above-named court: Now, we, the undersigned residents of said county and state, bind ourselves to the state of Kansas, in the sum of two hundred and fifty dollars ($250), that said defendant, Thomas Jackson, shall be and appear before the judge…

1Opinion of the Court

The opinion of the court was delivered by

Allejst, J.:

The only question in this case is, whether, under the facts found by the court, the defendant had complied with the condition of the recognizance. The trial court finds that he appeared to receive sentence, and thereafter presented himself to the sheriff for. the purpose of being taken into custody ; that the sheriff declined to take him, and asked him to wait till the next day.

The liability of the sureties terminated when the defendant had fully complied with the terms of the recognizance. Section 256 of the criminal codet provides:

“Where…

2Cases cited1 opinion

  1. In re StricklerSupreme Court of Kansas · 1893

3Cited by5 opinions

  1. Mt. Carmel Medical Center v. Board of County CommissionersCourt of Appeals of Kansas · 1977
  2. Richardson v. HandSupreme Court of Kansas · 1958
  3. Parks v. AmrineSupreme Court of Kansas · 1941
  4. State ex rel. Ferguson v. RobinsonSupreme Court of Kansas · 1964
  5. State v. BuisSupreme Court of Kansas · 1912

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API