State v. Wilson
Supreme Court of Kansas
Appeal from Ellis district court; Lee Monroe, judge. In banc. STATEMENT. This case was here last year upon questions reserved by the state upon an order of the district court sustaining a motion to quash the information. At that time, the information being held to be sufficient, the judgment of the court below was reversed, and the case remanded for further proceedings.
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Appeal from Ellis district court; Lee Monroe, judge. In banc. STATEMENT. This case was here last year upon questions reserved by the state upon an order of the district court sustaining a motion to quash the information. At that time, the information being held to be sufficient, the judgment of the court below was reversed, and the case remanded for further proceedings. (The State v. Wilson, 61 Kan. 791, 60 Pac. 1054.) After the mandate from this court was filed in the court below, the county attorney amended the information by adding two additional counts thereto, and afterward, and in the…
1DissentJohnston, J.
(dissenting) : I concur in the judgment of reversal and in all the points decided except the one which places the onus probandi upon the defendant. This decision marks a radical departure from the well-established rule of criminal procedure in Kansas. From The Territory of Kansas agt. William S. Reyburn, McCahon, 134, and Carl Horne v. The State of Kansas, 1 Kan. 47, through every volume of our reports up to the present case, the burden of proof has been held to be upon the prosecution. The accused has been presumed to be innocent of the offense charged, and it has been uniformly ruled that…
2Cases cited2 opinions
- State v. KuhukeSupreme Court of Kansas · 1881
- Territory of Kansas v. ReyburnSupreme Court of Kansas · 1860