Legal Opinion

Millar v. State

Supreme Court of Kansas

Decided October 15, 1863PublishedCited by 10 opinions

Appeal from Leamenworth County, At tbe February Term, A. D. 1863, of tbe Criminal Court of Leavenwortb County, tbe following proceedings were bad, that “Now cometb tbe grand jury in a body into open Court, and through their foreman, H. B. Keller, present to tbe Court six bills of indictment, each endorsed “ a true bill ” and signed H. B. Keller foreman. * * * And that afterwards there was recorded the following, to-wit : Record of indictments February Term, 1863. * * The…

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Appeal from Leamenworth County, At tbe February Term, A. D. 1863, of tbe Criminal Court of Leavenwortb County, tbe following proceedings were bad, that “Now cometb tbe grand jury in a body into open Court, and through their foreman, H. B. Keller, present to tbe Court six bills of indictment, each endorsed “ a true bill ” and signed H. B. Keller foreman. * * * And that afterwards there was recorded the following, to-wit : Record of indictments February Term, 1863. * * The grand jurors of the State of Kansas and in and of the County of Leavenworth, duly empannelled, sworn and charged to inquire…

1Opinion of the Court

By the Court,

JBailey J.

At the February Term of said Court in 1863, .an indictment was found against Millar, the appellant for shooting with intent to kill one George Stigers, and at the next June Term of said Court, a trial was had and a verdict of guilty rendered by the jury, fixing the punishment at two years hard labor.

Motions to quash, for a new trial and in arrest of judgment were made by the defendant’s counsel and overruled by the Court, and the defendant sentenced to two years hard labor im the penitentiary.

It is claimed for the appellant, that the record should show affirmatively…

2Cited by10 opinions

  1. State v. WhiteSupreme Court of Kansas · 1875
  2. State v. SimpsonSupreme Court of Missouri · 1878
  3. Collins v. StateSupreme Court of Florida · 1869
  4. Roberson v. StateSupreme Court of Florida · 1903
  5. Howell v. StateSupreme Court of Georgia · 1927

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