Legal Opinion

State v. Thompson

Supreme Court of Kansas

Decided January 15, 1880PublishedCited by 7 opinions

Appeal from, Atchison District Court. Thompson was charged by information with having, on-July 28, 1878, and in the night time, in Atchison county, unlawfully, forcibly, feloniously and burglariously broken and entered a frame building used and occupied by the Atchison & Nebraska railroad company, a corporation, as a tool shop,, in which building there were then kept, stored and deposited certain valuable goods, wares and mechanical tools, to wit: One pick, of the value of…

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Appeal from, Atchison District Court. Thompson was charged by information with having, on-July 28, 1878, and in the night time, in Atchison county, unlawfully, forcibly, feloniously and burglariously broken and entered a frame building used and occupied by the Atchison & Nebraska railroad company, a corporation, as a tool shop,, in which building there were then kept, stored and deposited certain valuable goods, wares and mechanical tools, to wit: One pick, of the value of one dollar, six feet of fuse, of the value of thirty cents — then and there being the property of the Atchison & Nebraska…

1Opinion of the Court

The opinion of the court was delivered by

Horton, C. J.:

Upon the trial of this case, the state rested without proving or offering to prove the existence of the Atchison & Nebraska railroad company as a corporation, and thereupon the defendant interposed his demurrer to the evidence. After some argument, the county attorney asked leave to call a witness to prove the existence of the corporation by reputation, *339and that the company was doing business as such. The court granted the request, and a witness, one Philip Dun-kin, testified as to general reputation, and to the acts and business of said…

2Cases cited6 opinions

  1. People v. FrankCalifornia Supreme Court · 1865
  2. People v. BarricCalifornia Supreme Court · 1874
  3. Smith v. StateIndiana Supreme Court · 1867
  4. People v. DavisNew York Supreme Court · 1839
  5. Johnson v. PeopleNew York Supreme Court · 1847

1 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Morse v. CommonwealthCourt of Appeals of Kentucky · 1908
  2. State v. BosworthSupreme Court of Iowa · 1915
  3. State v. HandlerSupreme Court of Kansas · 1935
  4. State ex rel. Coleman v. International Harvester Co. of AmericaSupreme Court of Kansas · 1909
  5. Miller v. PeopleSupreme Court of Colorado · 1889

2 more not listed; retrieve them via the Exa API.

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