State v. Rogers
Supreme Court of Kansas
Appeal from, Reno District Court. •- The defendant was convicted in tlie district court of Harvey county of burglary in the second degree, the crime being committed on the night of March 23, 1893, by breaking into a building occupied as the court-house of said county with intent to set fire to, burn and destroy the books and records of said county. After sentence he appealed to this court, where the judgment was reversed because of the admission of incompetent testimony.
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Appeal from, Reno District Court. •- The defendant was convicted in tlie district court of Harvey county of burglary in the second degree, the crime being committed on the night of March 23, 1893, by breaking into a building occupied as the court-house of said county with intent to set fire to, burn and destroy the books and records of said county. After sentence he appealed to this court, where the judgment was reversed because of the admission of incompetent testimony. The report of the case contains a summary of the evidence. (54 Kan. 683-698.) A change of venue was afterward granted, and…
1Opinion of the Court
The opinion of the court was delivered by
Martin, C. J.: I. It is strongly urged by counsel for defendant that the court erred in refusing to grant a continuance on account of his sickness and disability. The embarrassing and delicate duty of passing upon the defendant's physical and mental condition was devolved upon the court. The proceedings ivere *367very unusual, but we cannot say that they were not justified by the situation, the good faith of the application for a continuance being challenged by the state. In The State v. Rhea, 25 Kan. 576, 579, it was declared that
“Continuances are largely…
2Cases cited11 opinions
- State v. SorterSupreme Court of Kansas · 1893
- In re MillingtonSupreme Court of Kansas · 1880
- State v. BybeeSupreme Court of Kansas · 1877
- State v. MontgomerySupreme Court of Kansas · 1871
- State v. WittSupreme Court of Kansas · 1885
6 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- State v. OswaldSupreme Court of Kansas · 1966
- People v. KasemMichigan Supreme Court · 1925
- Orr v. StateAlabama Court of Appeals · 1958
- Wilder v. PeopleSupreme Court of Colorado · 1929
- McLean v. PeopleSupreme Court of Colorado · 1919
16 more not listed; retrieve them via the Exa API.