State v. Bush
Supreme Court of Kansas
Motion for Rehearing. Prosecution for improperly registering the name of a voter. The court below sustained the motion to quash the information, and discharged the defendant, Bush. The State appealed.
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Motion for Rehearing. Prosecution for improperly registering the name of a voter. The court below sustained the motion to quash the information, and discharged the defendant, Bush. The State appealed. This court, at its session in January, 1891, reversed the judgment of the district court of Butler county, and remanded the cause for further proceedings. [The State v. Bush, 45 Kas. 138, et seq.) In due time the defendant filed his motion for a rehearing, which the court overruled, at its session in October, 1891.
1Concurrence
Valentine, J.:
I concur in overruling the motion for a rehearing, but I do not wish to express any opinion upon any matter not involved in the consideration of this question. The fundamental question to be considered is, whether the defendant’s motion in the court below to quash the information should have beeu sustained or not; and as to when informations may be quashed and when not, see the case of The State v. Morrison, 46 Kas. 679; same case, 27 Pac. Rep. 133. The only substantial question now presented is, whether the information states a public offense as against the defendant or not.…
2Cases cited5 opinions
- Weinzorpflin v. StateIndiana Supreme Court · 1844
- Wong v. City of AstoriaOregon Supreme Court · 1886
- Commonwealth v. AdamsMassachusetts Supreme Judicial Court · 1879
- Carder v. StateIndiana Supreme Court · 1861
- State v. MorrisonSupreme Court of Kansas · 1891