State v. Horne
Supreme Court of Kansas
Appeal from Neosho District Court. Taylor Horne was charged by information with murder in the first degree, and convicted of murder in the second degree.
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Appeal from Neosho District Court. Taylor Horne was charged by information with murder in the first degree, and convicted of murder in the second degree. He was charged with the killing of James Curran, at Osage Mission, in Neosho county, on the 15th of December 1870. The case was tried at the April Term 1871. An application for a change of the place of trial was made by defendant, and refused by the court! On the trial the state gave evidence of threats made by defendant against deceased shortly before the killing. The defendant gave evidence showing that at the time of the alleged homicide…
1Opinion of the Court
The opinion of the court was delivered by
Kingman, .C.J:
The appellant was convicted of murder .in the second degree in the district court of Neosho county, *127and brings the case to this court by appeal. Various errors are' alleged which will be considered in their order.
1. change of venue; prejudice of ticc!>le' Prac" I. The court refused to grant a change of venue asked by the appellant. The accused supported his petition by the affidavit of himself and nine others. The facts stated in the petition, which was also the affidavit sworn to by all the affiants, are briefly these: That the homicide…
2Cases cited3 opinions
- Wright v. Illinois & Mississippi Telegraph Co.Supreme Court of Iowa · 1866
- Horne v. StateSupreme Court of Kansas · 1862
- Campbell v. StateSupreme Court of Kansas · 1866
3Cited by19 opinions
- State v. KeehnSupreme Court of Kansas · 1911
- State v. FurbeckSupreme Court of Kansas · 1883
- State v. AnickerSupreme Court of Kansas · 1975
- Shellabarger v. NafusSupreme Court of Kansas · 1875
- State v. StackhouseSupreme Court of Kansas · 1880
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