State v. O'Kane
Supreme Court of Kansas
Appeal from, Atchison District Court. Prosecution for murder in the first degree. At the November Term, 1879, of the district court, the appellant O’Kane was found guilty of an assault and battery, and was sentenced to pay a fine of $200 and costs, and to be imprisoned in the county jail until said fine and costs were paid. O’Kane appeals to this court. The facts appear in the opinion. 1. The court erred in overruling the defendant’s motion to quash the information.
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Appeal from, Atchison District Court. Prosecution for murder in the first degree. At the November Term, 1879, of the district court, the appellant O’Kane was found guilty of an assault and battery, and was sentenced to pay a fine of $200 and costs, and to be imprisoned in the county jail until said fine and costs were paid. O’Kane appeals to this court. The facts appear in the opinion. 1. The court erred in overruling the defendant’s motion to quash the information. The information attempted to state two distinct offenses: First, the killing of John McGuire by means of a deadly instrument;…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
This was a criminal prosecution for murder in the first degree. But the defendant was found guilty of an assault and battery only, and was sentenced to pay a fine of $200 and costs, and to be imprisoned in the county jail until such fine and costs were paid. He is now suffering such imprisonment under said sentence; and to release himself therefrom, he not only brings the case to this court on appeal, but also applies for a writ of habeas corpus. With the views that we entertain of the questions involved in these two cases, it is…
2Cases cited2 opinions
- Wright v. StateIndiana Supreme Court · 1854
- Guy v. StateSupreme Court of Kansas · 1863
3Cited by16 opinions
- Watson v. StateSupreme Court of Georgia · 1902
- Housman v. CommonwealthCourt of Appeals of Kentucky · 1908
- State v. DolanWashington Supreme Court · 1897
- People v. DugasIllinois Supreme Court · 1923
- State v. WatsonSupreme Court of Kansas · 1883
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