State v. Gurnee
Supreme Court of Kansas
Appeal from, Johnson District Court. Gurnee was charged on the oath of George H. Newton before a justice of the peace, with maliciously and unlawfully entering upon the land, or “claim,” on the Black-Bob Reservation, alleged to be owned by said Newton, oh the 16 th of June 1874, and then and there cutting down and carrying away about fifteen acres of wheat growing on said “claim.” Gurnee was convicted before the justice, and appealed therefrom to the district court.
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Appeal from, Johnson District Court. Gurnee was charged on the oath of George H. Newton before a justice of the peace, with maliciously and unlawfully entering upon the land, or “claim,” on the Black-Bob Reservation, alleged to be owned by said Newton, oh the 16 th of June 1874, and then and there cutting down and carrying away about fifteen acres of wheat growing on said “claim.” Gurnee was convicted before the justice, and appealed therefrom to the district court. Trial was had in district court at the August Term 1874. The record discloses the following facts: In 1868 one C. J. Cleveland…
1Opinion of the Court
The opinion of the court was delivered by
Kingman, C. J.:
This was a prosecution for maliciously cutting down and carrying away a lot of growing wheat.. It was originally tried before a justice of the peace, where a conviction was had. On appeal to the district court, it was again tried, with the same result. Erom that court the appellant brings the case to this court, alleging many errors, which will be noticed in their order.
I. It is said that there is no proof that appellant assisted in cutting the wheat, or in carrying it away, or that he was on the wheat-field at all; and therefore the…
2Cited by15 opinions
- McKnight V. United StatesCourt of Appeals for the Sixth Circuit · 1902
- Knights v. StateNebraska Supreme Court · 1899
- Southeast Securities Co. v. ChristensenIdaho Supreme Court · 1945
- Hubbard v. CheneySupreme Court of Kansas · 1907
- Moore v. StateSupreme Court of Georgia · 1908
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