State v. Williams

The opinion of the court was delivered by

Johnston, J. :

Our attention is called to a point that was not given sufficient consideration at the first hearing (60 Kan. 837, 58 Pac. 476), namely, whether perjury may be predicated upon an oath taken before a mere de facto officer.. After the record of appointment of T. B. Chapman as police judge had been produced, as'well as proof of qualification and possession of the office by him, the defense offered testimony tending to show a change of residence by him, and that he was therefore incapable of holding the office and not a de jure police…