Legal Opinion

State v. Kindig

Supreme Court of Kansas

Decided January 15, 1895PublishedCited by 6 opinions

Appeal from Thomas District Court. On the 7th of October, 1893, an information was filed jin the district court of Decatur county charging Ii. 0. Kindig, as cashier and manager of the State Bank of Oberlin, with haying, on the 12th of July, 1893, unlawfully received a deposit of $63.25 for said hank, when he knew the hank at that time was insolvent. At the October term of the court for 1898, of Decatur county, the state, with leave of the court, filed an amended information.

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Appeal from Thomas District Court. On the 7th of October, 1893, an information was filed jin the district court of Decatur county charging Ii. 0. Kindig, as cashier and manager of the State Bank of Oberlin, with haying, on the 12th of July, 1893, unlawfully received a deposit of $63.25 for said hank, when he knew the hank at that time was insolvent. At the October term of the court for 1898, of Decatur county, the state, with leave of the court, filed an amended information. Thereupon the defendant filed his written application for the court to grant him a change of venue to the district…

1Opinion of the Court

The opinion of the court was delivered by

HoktoN, C. J. :

It is insisted that the district court of Cheyenne county had no jurisdiction of this case on a change of venue from Decatur county because the *116order of removal was made prior to' any plea to tlie information, and because the removal did not specify the cause therefor. Section 179 of the criminal code reads:

‘‘ Every order for a removal of any cause under the foregoing provisions shall state whether the same is made on the application of the party or on facts within the knowledge of the court or judge, and shall specify the cause of…

2Cases cited4 opinions

  1. State v. PotterSupreme Court of Kansas · 1876
  2. In re HolcombSupreme Court of Arkansas · 1879
  3. State v. RiddleSupreme Court of Kansas · 1878
  4. Hudley v. StateSupreme Court of Arkansas · 1880

3Cited by6 opinions

  1. In re MoteSupreme Court of Kansas · 1916
  2. Addington v. StateSupreme Court of Kansas · 1967
  3. Lockard v. Board of County CommissionersSupreme Court of Kansas · 1903
  4. Addington v. StateSupreme Court of Kansas · 1967
  5. In re OberstSupreme Court of Kansas · 1931

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