In re Higgins

The opinion of the court was delivered by

Johnston, C. J.:

Elmer Higgins, the petitioner, who alleges that he is illegally imprisoned, was prosecuted under section 42 of the crimes act (Gen. Stat. 1909, § 2530) and the verdict returned was:

“We, the jury, empaneled and sworn in the above entitled cause, do, upon our oaths, find the defendant guilty of assaulting and wounding George V. Jackson under circumstances which would have constituted murder or manslaughter if death had ensued, under Paragraph 2530 of the General Statutes of Kansas 1909, in manner and form as charged in the information.”

The…