Legal Opinion

State v. Crane

Supreme Court of Kansas

Decided July 15, 1894PublishedCited by 2 opinions

Appeal from Rush District Court. On the 7th day of April, 1894, an information was filed in the district court of Rush county, which, omitting caption, verification, and indorsements, was as follows: “I, H. L. Anderson, the undersigned county attorney of said county, in the name and by the authority and on behalf of the state of Kansas, come now here and give the court to understand and be informed, that on the 20th day of February, 1893, in the county of Rush and state of…

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Appeal from Rush District Court. On the 7th day of April, 1894, an information was filed in the district court of Rush county, which, omitting caption, verification, and indorsements, was as follows: “I, H. L. Anderson, the undersigned county attorney of said county, in the name and by the authority and on behalf of the state of Kansas, come now here and give the court to understand and be informed, that on the 20th day of February, 1893, in the county of Rush and state of Kansas, one Stub Crane and one J. C. Gray did then and there, unlawfully, feloniously, designedly, and with the intent to…

1Opinion of the Court

The opinion of the court was delivered by

Horton, C. J.:

We have carefully examined the information and the evidence introduced to support its allegations. We think the information fatally defective and the evidence insufficient to sustain the conviction. The information attempted to charge Stub Crane and J. C. Gray with criminal *258conspiracy in obtaining from John Marquardt his promissory note for $150. The note is not copied in the information, nor is it stated whether it was negotiable or not. The inference from the allegations is that it was not negotiable, because it was payable “to J. C.…

2Cases cited4 opinions

  1. In re SnyderSupreme Court of Kansas · 1877
  2. McCrum v. CorbySupreme Court of Kansas · 1873
  3. State v. PalmerSupreme Court of Kansas · 1893
  4. State v. CameronSupreme Court of Missouri · 1893

3Cited by2 opinions

  1. State v. MillerOregon Supreme Court · 1906
  2. State v. BachaNevada Supreme Court · 1921

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