State v. Jennerson
Supreme Court of Kansas
Appeal from Saline District Cóurt. A criminal complaint was filed before a justice of the peace, against defendant, the body of which was as follows: “Dorotha Evarts being duly sworn according to law deposes and says, that on or about the 27th day of August, 1873, in the county of Saline aforesaid, one W. D. Jennerson willfully, maliciously and unlawfully attempted to sever and remove from the freehold of affiant a cross-piece and hook which were then thereto attached, and…
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Appeal from Saline District Cóurt. A criminal complaint was filed before a justice of the peace, against defendant, the body of which was as follows: “Dorotha Evarts being duly sworn according to law deposes and says, that on or about the 27th day of August, 1873, in the county of Saline aforesaid, one W. D. Jennerson willfully, maliciously and unlawfully attempted to sever and remove from the freehold of affiant a cross-piece and hook which were then thereto attached, and which said cross-piece and hook were then a part of the fixtures to a well, and the property of this affiant, contrary to…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
Appellant was convicted on a charge of attempting to maliciously sever and remove certain- property from a freehold, and from such conviction appeals to this court. The only error alleged is thus stated in the brief of counsel for appellant:
“ The court below erred in overruling the motion in arrest of judgment. The complaint does not state facts constituting a public offense. Wharton’s Am. Or. .Law, §2012.”
What specific objection there exists to this complaint, and wherein it fails to disclose a public offense, we are not advised. The…
2Cited by2 opinions
- State v. CoulterSupreme Court of Kansas · 1889
- Eldridge v. DeetsCourt of Appeals of Kansas · 1896