Horne v. State
Supreme Court of Kansas
The plaintiff in error, Carl Horne, was convicted at the November term, 1861, of the First District Court for the State of Kansas, sitting in Leavenworth county, upon an indictment for murder in the first degree, founded upon section one, chapter twenty-eight, of the laws of the Territory of Kansas, passed by the Legislative Assembly thereof, and approved February 8d, 1859; and sentenced to be hung on the 24th day of January, A. D. 1862. The following is a copy of the body…
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The plaintiff in error, Carl Horne, was convicted at the November term, 1861, of the First District Court for the State of Kansas, sitting in Leavenworth county, upon an indictment for murder in the first degree, founded upon section one, chapter twenty-eight, of the laws of the Territory of Kansas, passed by the Legislative Assembly thereof, and approved February 8d, 1859; and sentenced to be hung on the 24th day of January, A. D. 1862. The following is a copy of the body of the indictment: The grand jurors for the State of Kansas, and in and of the county of Leavenworth, duly empanneled,…
1Opinion of the Court
By the Court,
Kingman, J.
At the November term of the District Court of Leavenworth county, Carl Horne was indicted and tried for the murder of Philip Friend, and was found guilty of murder in the first degree. From the judgment of the Court on that verdict, the accused has brought his case to this Court by appeal.
The errors alleged are set forth in the motion made for a new trial in the Court below, and are as follows:
First. That the Court admitted illegal testimony.
*71Second. Since the trial of this cause, the defendant has discovered new evidence, material to the cause, which he could not with…
2Cited by23 opinions
- Wiley v. KeokukSupreme Court of Kansas · 1870
- State v. DoyleSupreme Court of Kansas · 1968
- State v. TurnerSupreme Court of Kansas · 1910
- Union Pacific Railway Co. v. MillikenSupreme Court of Kansas · 1871
- State v. TruskettSupreme Court of Kansas · 1911
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