State v. Bogue
Supreme Court of Kansas
Appeal from Ellis District Court. The defendant and one Nathaniel Kidd were jointly charged by information in 16 counts with the crime of manslaughter in the first degree. A separate trial was demanded. The defendant was convicted on the thirteenth count, and sentenced to 15 years in the penitentiary. Afterward, and at the same term of court, Kidd was tried and acquitted.
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Appeal from Ellis District Court. The defendant and one Nathaniel Kidd were jointly charged by information in 16 counts with the crime of manslaughter in the first degree. A separate trial was demanded. The defendant was convicted on the thirteenth count, and sentenced to 15 years in the penitentiary. Afterward, and at the same term of court, Kidd was tried and acquitted. The crime with which Bogue and Kidd were charged was causing the death of Pauline Sweitzer, by the use of instruments and the administration of certain drugs, for the purpose of procuring an abortion. The verdict was…
1Opinion of the Court
The opinion of the court was delivered by
Allest, J.:
*85declarations of accessory. *84We think the refusal of the court to permit Doctor Kidd to testify as a witness for the defendant was manifestly erroneous. (Noland v. The State, 19 Ohio, 131.) The distinction sought to be drawn between cases where defendants jointly indicted are jointly tried and those where they are separately tried has no foundation in reason, nor do we think that it has any sanction in law. We also think §210 of the criminal code authorizes the granting of new trials for like causes as in civil cases, and that § 275 in no way…
2Cases cited4 opinions
- State v. PhillipsSupreme Court of Missouri · 1857
- State v. MosleySupreme Court of Kansas · 1884
- McCarty v. StateIndiana Supreme Court · 1873
- Ogden v. StateWisconsin Supreme Court · 1860
3Cited by22 opinions
- Standefer v. United StatesSupreme Court of the United States · 1980
- State v. PetryWest Virginia Supreme Court · 1980
- State v. StewartSupreme Court of Kansas · 1911
- State of Kansas v. RobertsSupreme Court of Kansas · 1915
- Von Patzoll v. United StatesCourt of Appeals for the Tenth Circuit · 1947
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