Legal Opinion

State v. Devine

Supreme Court of Kansas

Decided July 15, 1892PublishedCited by 2 opinions

Appeal from, Bourbon District Court. The opinion states the facts. The only error complained of by the defendants, and of which they will be able to avail themselves, is the remark of the county attorney in his closing speech to the jury, as follows : “ Why did these young men not explain to you, gentlemen, the circumstance of their having in their possession the silk?” (meaning the silk charged to have been stolen,) in direct violation of § 1, ch. 118, of Laws 1871,…

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Appeal from, Bourbon District Court. The opinion states the facts. The only error complained of by the defendants, and of which they will be able to avail themselves, is the remark of the county attorney in his closing speech to the jury, as follows : “ Why did these young men not explain to you, gentlemen, the circumstance of their having in their possession the silk?” (meaning the silk charged to have been stolen,) in direct violation of § 1, ch. 118, of Laws 1871, amending § 215, ch. 82, Gen. Stat. of 1868. The law regarding such statements by a county attorney under circumstances like…

1Opinion of the Court

The opinion of the court was delivered by

Johnston, J.:

At the April term, 1891, of the district court of Bourbon county, the defendants were convicted of grand larceny, and the punishment imposed was the imprisonment of each at hard labor in the state penitentiary for a term of five years. The only question assigned upon their appeal is the alleged misconduct of the county attorney in the closing argument of the case. The defendants were charged with stealing a quantity of silk, which was found in their possession when arrested. They did not testify in their own behalf, and they claim that the…

2Cases cited1 opinion

  1. Backus v. ClarkSupreme Court of Kansas · 1863

3Cited by2 opinions

  1. State v. SorterSupreme Court of Kansas · 1893
  2. State v. RobertsSupreme Court of Kansas · 1903

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