State v. O'Neil
Supreme Court of Kansas
Appeal from Marion District Court. On the 4th day of December, 1891, an information was filed in the district court of Marion county against Hugh O’Neil, charging him with the murder of Mary O’Neil, his wife.
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Appeal from Marion District Court. On the 4th day of December, 1891, an information was filed in the district court of Marion county against Hugh O’Neil, charging him with the murder of Mary O’Neil, his wife. On March 1, 1892, an amended information was filed, which, omitting caption, verification, and indorsements, was as follows: “ In the name and by the authority of the state of Kansas, I, W. H. Carpenter, county attorney in and for the county of Marion, in the state of Kansas, who prosecutes for and on behalf of said state in the district court of said county, sitting in and for the…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
It is contended that the motions challenging the sufficiency of the information should have been sustained. In support of this contention, it is argued that at least three separate death strokes or attacks upon the deceased were alleged in one count, and therefore that the information was bad for duplicity, uncertainty, and want of precision. It is further argued, that if there were separate death' strokes or attacks, they should have been charged in different counts of the information; not in the same count. Under the common-law system…
2Cases cited8 opinions
- Parsons v. StateSupreme Court of Alabama · 1886
- State v. BaldwinSupreme Court of Kansas · 1886
- State v. NixonSupreme Court of Kansas · 1884
- State v. CrawfordSupreme Court of Kansas · 1873
- State v. MowrySupreme Court of Kansas · 1887
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3Cited by27 opinions
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- State v. RiceSupreme Court of Kansas · 1997
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