State v. Stark
Supreme Court of Kansas
Appeal from Sliawnee district court; Z. T. Hazen, judge. STATEMENT. The appellant, with Carrie Nation and six others, was charged by information with malicious trespass, under section 2053 of the General Statutes of 1899 (Gen. Stat. 1901, § 2100). The offense alleged was that defendants did, on or about the 17th day of February, 1901, wilfully, unlawfully and maliciously break, destroy and injure the door and windows of a building at No. Ill East Sixth street, in the city of…
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Appeal from Sliawnee district court; Z. T. Hazen, judge. STATEMENT. The appellant, with Carrie Nation and six others, was charged by information with malicious trespass, under section 2053 of the General Statutes of 1899 (Gen. Stat. 1901, § 2100). The offense alleged was that defendants did, on or about the 17th day of February, 1901, wilfully, unlawfully and maliciously break, destroy and injure the door and windows of a building at No. Ill East Sixth street, in the city of Topeka, used as a cigar store and billiard hall by F. H. Murphy, Having obtained a separate trial, the appellant moved…
1Opinion of the Court
The opinion of the court was delivered by
Smith, J. :
$. Change of venue. The court did not err in overruling the application for a change of venue. The remarks of the judge were made to Carrie Nation and others m a proceeding to which the appellant was not a party. No personal prejudice towards Stark was shown. From all that appears, the judge might have been kindly disposed toward the defendant. The attack on Sunday, referred to by the judge, related to the conduct of other parties with whom the appellant was not connected. Had the language coming from the bench been directed to> Stark, he…
2Cases cited4 opinions
- City of Emporia v. VolmerSupreme Court of Kansas · 1874
- State v. GurneeSupreme Court of Kansas · 1874
- Jones v. City of ChanuteSupreme Court of Kansas · 1901
- Corthell v. HolmesSupreme Judicial Court of Maine · 1894
3Cited by14 opinions
- In re the Disbarment of SmithSupreme Court of Kansas · 1906
- State v. OrlandiSupreme Court of Vermont · 1934
- State v. CrillySupreme Court of Kansas · 1904
- State ex rel. Parker v. RoberdsSupreme Court of Kansas · 1942
- State v. EstepSupreme Court of Kansas · 1903
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