State v. Brandon
Supreme Court of Kansas
Appeal from Saline District Court. The defendant Brandon was charged by information with the crimes of burglary and grand larceny. The case was tried, and a verdict returned as follows: “We, the jury sworn and empanneled in this action, do on our oaths find Charles D. Brandon guilty of grand larceny to the amount of $50.00.” The defendant filed a motion in arrest of judgment, which was sustained by the court, and the defendant was discharged.
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Appeal from Saline District Court. The defendant Brandon was charged by information with the crimes of burglary and grand larceny. The case was tried, and a verdict returned as follows: “We, the jury sworn and empanneled in this action, do on our oaths find Charles D. Brandon guilty of grand larceny to the amount of $50.00.” The defendant filed a motion in arrest of judgment, which was sustained by the court, and the defendant was discharged. The State excepted, and undertook to bring the case to this court by appeal. The notice of appeal was nut served on the defendant personally, and the…
1Opinion of the Court
By the Court,
Valentine, J.:
This is a criminal case, tried in the district court of Saline county, and brought to this court by the State. But the State in bringing it here did not comply with section 285, of the code of criminal procedure, (Gren. St.,p. 866,) which provides that if the appeal be taken by the State a notice of the appeal “ must be served upon the defendant, if he can be found in the county; if not there, by posting up a notice three weeks in the office of the clerk of the district court.”
The State served the notice upon the clerk, as provided in the first part of said section,…
2Cited by3 opinions
- Neitzel v. City of ConcordiaSupreme Court of Kansas · 1875
- State v. AshmoreSupreme Court of Kansas · 1878
- State v. BairdSupreme Court of Kansas · 1872