State v. Wells
Supreme Court of Kansas
Appeal from, Ford District Court. The defendant was charged with having murdered Loren E. Warren and was convicted of murder in the second degree. It was shown on the trial that the defendant was a keeper of a gambling room in Dodge City. The deceased, Warren, was a bartender. The two parties had passed the night preceding the tragedy in the defendant’s gambling room. The defendant commenced drinking about four o’clock in the morning, and drank until he became intoxicated.
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Appeal from, Ford District Court. The defendant was charged with having murdered Loren E. Warren and was convicted of murder in the second degree. It was shown on the trial that the defendant was a keeper of a gambling room in Dodge City. The deceased, Warren, was a bartender. The two parties had passed the night preceding the tragedy in the defendant’s gambling room. The defendant commenced drinking about four o’clock in the morning, and drank until he became intoxicated. About nine o’clock he lay down on a table, in a saloon in the basement of the Oriel block, where he slept until somewhere…
1Opinion of the Court
The opinion of the court was delivered by
Allen J.:
Numerous questions are raised by the appellant, which we will consider in the order in which they are presented in the brief.
1. criminal aocounsel fQrate state' I. It appears that the opening statement of the case to the jury was made by W. M. Sutton, who was neither the prosecuting attorney of .the county nor his deputy. The defendant objected at the time, and insisted that, under the statute, it was a personal duty resting on the county attorney, which he could not delegate to private counsel. The court overruled the objection, and the…
2Cases cited9 opinions
- State v. PfefferleSupreme Court of Kansas · 1886
- People v. . CaseyNew York Court of Appeals · 1878
- Hall v. StateIndiana Supreme Court · 1858
- State v. WilsonSupreme Court of Kansas · 1880
- The People v. . IrvingNew York Court of Appeals · 1884
4 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Horn v. StateWyoming Supreme Court · 1903
- Coleman v. StateCourt of Criminal Appeals of Oklahoma · 1911
- State v. BakerSupreme Court of Kansas · 1991
- Foley v. HamSupreme Court of Kansas · 1917
- State of Kansas v. KillionSupreme Court of Kansas · 1915
19 more not listed; retrieve them via the Exa API.