Carr v. State
Supreme Court of Kansas
The facts of the case appear in the opinion of the court.' The court erred in sustaining the demurrer of the state of Kansas to defendant’s plea. (See Const. State of Kan., BiV of Bights, § 10.) By this section the defendant is entitled to a speedy trial. The discretion of the court under this clause is limited by section one hundred and ninety-nine, page two hundred and sixty-five, compiled laws.
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The facts of the case appear in the opinion of the court.' The court erred in sustaining the demurrer of the state of Kansas to defendant’s plea. (See Const. State of Kan., BiV of Bights, § 10.) By this section the defendant is entitled to a speedy trial. The discretion of the court under this clause is limited by section one hundred and ninety-nine, page two hundred and sixty-five, compiled laws. The defendant must be tried at the second term after indictment found, if the prisoner is in jail, and if he is ready. This discharge, we hold, is final: the same as a former acquittal, or…
1Opinion of the Court
*334By the Court,
Cobb, C. J. Can*,
as appears by the transcript on file, was indicted for murder, and put in a special plea, to which the state demurred, and the court sustained the demurrer and required him to plead further. Whereupon, he filed a petition in error and caused a transcript of the record to be certified to this court, and the case has been argued here upon the errors assigned in the said petition.
On examination of the transcript we find no notice of appeal and are led first to inquire whether the cause is properly before us without such notice appearing in the record.
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2Cited by10 opinions
- State v. ShehiSupreme Court of Kansas · 1959
- State v. SimsSupreme Court of Kansas · 1959
- Cochran v. AmrineSupreme Court of Kansas · 1942
- Neitzel v. City of ConcordiaSupreme Court of Kansas · 1875
- State v. HanesSupreme Court of Kansas · 1960
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