State v. Pryor
Supreme Court of Kansas
Appeal from Leavenworth District Court. The information in this case charged the defendant, under §38 of the act in relation to crimes and punishments, with a felonious assault with a deadly weapon on George Sims, with intent to maim, and kill said Sims. At the trial the defendant refused to plead, and thereupon a plea of not guilty was entered. A jury was called, and those called as jurors were examined as to their qualifications.
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Appeal from Leavenworth District Court. The information in this case charged the defendant, under §38 of the act in relation to crimes and punishments, with a felonious assault with a deadly weapon on George Sims, with intent to maim, and kill said Sims. At the trial the defendant refused to plead, and thereupon a plea of not guilty was entered. A jury was called, and those called as jurors were examined as to their qualifications. The defendant took part in the examination of the jurors, and peremptorily challenged three persons. The jury was sworn to try the case; and after the county…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
A motion to quash should precede arraignment. (The State v. Otey, 7 Kas. 69; The State v. Ruth, 21 id. 583; 4 Am. & Eug. Encyc. of Law, 764.) The proper time to raise the question of the sufficiency of an information or indictment before a verdict is by a motion to quash; after verdict, by motion in arrest of judgment. It is not good practice to raise an objection to an information by objecting to the introduction of testimony. The question of the jurisdiction of the court may be presented at any time. (The State v. Ashe, 44 Kas. 84, and…
2Cases cited4 opinions
- Wingard v. StateSupreme Court of Georgia · 1853
- State v. OteySupreme Court of Kansas · 1871
- State v. AsheSupreme Court of Kansas · 1890
- In re ScraffordSupreme Court of Arkansas · 1879
3Cited by12 opinions
- State v. BriggsSupreme Court of Kansas · 1906
- State v. FinneySupreme Court of Kansas · 1935
- State v. MooreSupreme Court of Kansas · 1900
- State v. Missouri Pacific Railway Co.Supreme Court of Kansas · 1915
- State v. BuggSupreme Court of Kansas · 1903
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