Craft v. State
Supreme Court of Kansas
Criminal Appeal from Leavenworth County. This case arose on an indictment found December 5th, 1865, against this appellant, Craft, and'one Henry H. Campbell, jointly, for murder in the first degree, committed in Leavenworth County, Sept. 29th, 1865, in killing Dennis Gallagher. The indictment was signed H. W. Ide, District Attorney, 1st Judicial District. The defendants in the action below on motion obtained an order for separate trials.
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Criminal Appeal from Leavenworth County. This case arose on an indictment found December 5th, 1865, against this appellant, Craft, and'one Henry H. Campbell, jointly, for murder in the first degree, committed in Leavenworth County, Sept. 29th, 1865, in killing Dennis Gallagher. The indictment was signed H. W. Ide, District Attorney, 1st Judicial District. The defendants in the action below on motion obtained an order for separate trials. Craft moved to quash the indictment on the ground among others, substantially, that it was not signed by the proper officer — the county attorney for…
1Opinion of the Court
£y the Court,
Crozier, C. J.
The first reason urged for a reversal of the judgment below in this cause is, that the indictment was not signed by the proper officer. It was signed “ H. "W. Ide, District Attorney, First Judicial Districtand it is claimed that on the 5th of Dec. 1865, the day the indictment was presented and filed, no such officer was known to the law. On the 12th day of Eeb. 1864, an act was passed creating the office of county attorney, and repealing the former act creating the office of district attorney. The repealing act contains this section:
Seo. 16. That the act entitled…
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