State v. Gluck
Supreme Court of Kansas
Appeal from Ford District Court. The facts are sufficiently stated in the opinion. To make the information good, it must allege: 1st, that there was a violation or violations of law, stating with reasonable certainty facts necessary to establish such violations; 2d, that the accused had notice or knowledge of the fact constituting such violation; 3d, that he failed to notify the county attorney of the fact of such violation, or to furnish him the names of any witnesses, etc.
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Appeal from Ford District Court. The facts are sufficiently stated in the opinion. To make the information good, it must allege: 1st, that there was a violation or violations of law, stating with reasonable certainty facts necessary to establish such violations; 2d, that the accused had notice or knowledge of the fact constituting such violation; 3d, that he failed to notify the county attorney of the fact of such violation, or to furnish him the names of any witnesses, etc. If there was no county attorney, there could be no such offense. It is absolutely necessary, therefore, that the…
1Opinion of the Court
Opinion by
Simpson, C.:
This was a prosecution under § 9 of the act of March 8, 1887, chapter 165, now ¶ 2532, General Statutes of 1889. The appellant was charged with having violated this section of the statutes, as mayor of Dodge City, in Ford county. He was convicted, and fined $100, and his office of mayor declared forfeited. Said section provides that—
“It shall be the duty of all sheriffs, deputy sheriffs, constables, mayors, marshals, police judges and police officers of any city or town, having notice or knowledge of any violation of the provisions of this act, to notify the county…
2Cases cited2 opinions
- State v. SchweiterSupreme Court of Kansas · 1882
- State v. SmithSupreme Court of Kansas · 1888
3Cited by3 opinions
- State v. BorchertSupreme Court of Kansas · 1904
- People v. HerlihyAppellate Division of the Supreme Court of the State of New York · 1901
- People v. HerlihyNew York Court of General Session of the Peace · 1901