State v. Frazier
Supreme Court of Kansas
Appeal from Saline District Court. The material facts appear in the opinion herein, filed on March 10, 1894. The question is, does the first count include within it the offense of attempting to commit an offense? We submit that it does. See The State v. Decker, 36 ICas. 721; In re Lloyd, 51 id. 501; In re Black, 52 id. 64. We submit that the court below erred in overruling the defendant’s motion to quash the second count in the information.
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Appeal from Saline District Court. The material facts appear in the opinion herein, filed on March 10, 1894. The question is, does the first count include within it the offense of attempting to commit an offense? We submit that it does. See The State v. Decker, 36 ICas. 721; In re Lloyd, 51 id. 501; In re Black, 52 id. 64. We submit that the court below erred in overruling the defendant’s motion to quash the second count in the information. The second count of the information, and the one upon which the defendant was convicted, is totally insufficient in this, that it wholly fails to state…
1Opinion of the Court
The opinion of the court was delivered by
JOHNSTON, J.:
George W. Frazier was convicted of an attempt to commit rape upon a female under the age of 18 years. The information contained two counts, in the first of which it was alleged, that “On the 14th day of April, 1893, in the said county of Saline, and the state of Kansas, one George W. Frazier, then and there, in and upon one Anna Yust, a female under the age of 18 years, to wit, of the age of 13 years, then and there being, unlawfully and feloniously did commit a rape, by then and there carnally and unlawfully knowing her, the said Anna…
Also in this document: Concurrence.
2Cases cited3 opinions
- State v. BowenSupreme Court of Kansas · 1876
- In re LloydSupreme Court of Kansas · 1893
- State v. DeckerSupreme Court of Kansas · 1887
3Cited by25 opinions
- State v. DunnSupreme Court of Kansas · 2016
- State v. TophamUtah Supreme Court · 1912
- Hogan v. StateSupreme Court of Florida · 1905
- State v. FrazierSupreme Court of Kansas · 1895
- State v. BeremanSupreme Court of Kansas · 1954
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