In re Clyne
Supreme Court of Kansas
Original Proceeding in Habeas Corpus. A SUFFICIENT statement of the ease is contained in the opinion herein, filed December 9, 1893. The petitioner claims that the warrant issued on the 23d day of January, 1893, was not issued in good faith, and was not delivered to the sheriff with the intention of having him execute it at the time that it was delivered or at any early day thereafter, but that this warrant was issued in order to stop the running of the statute of…
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Original Proceeding in Habeas Corpus. A SUFFICIENT statement of the ease is contained in the opinion herein, filed December 9, 1893. The petitioner claims that the warrant issued on the 23d day of January, 1893, was not issued in good faith, and was not delivered to the sheriff with the intention of having him execute it at the time that it was delivered or at any early day thereafter, but that this warrant was issued in order to stop the running of the statute of limitations. The officer in this case having the warrant respected the request and order of the county attorney, and did not…
1Opinion of the Court
The opinion of the court was delivered by
AlleN, J.:
On the 18th day of March, 1892, a complaint was filed before a justice of the peace of Stafford county, charging the petitoner and other persons with burglariously breaking and entering the office of the county treasurer of Stafford county, on the 25th day of January, 1891. The complaint contained five counts, charging burglary and grand larceny in different forms. A warrant was issued on this complaint, and the petitioner arrested and taken before the magistrate who issued the warrant. Thereupon, a preliminary examination was held, and Clyne…
2Cases cited5 opinions
- State v. ColgateSupreme Court of Kansas · 1884
- Ross v. LutherNew York Supreme Court · 1825
- People v. ClementMichigan Supreme Court · 1888
- In re GriffithSupreme Court of Kansas · 1886
- Clark v. SlaytonSupreme Court of New Hampshire · 1885
3Cited by21 opinions
- Rouse v. StateSupreme Court of Florida · 1902
- State v. BowmanSupreme Court of Kansas · 1920
- State v. RookSupreme Court of Kansas · 1900
- State Ex Rel. Melson v. Peeler, as JudgeSupreme Court of Florida · 1933
- State v. WatermanSupreme Court of Kansas · 1907
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