Kansas Criminal Law and Practice, Volume 1G.W. Crane & Company, 1891 - Criminal law |
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Common terms and phrases
accused affidavit alleged amended appear arrest bill of exceptions certified change of venue clerk committed Comp complaint constitution conviction costs county attorney crime criminal action criminal code criminal prosecution deceased defendant guilty defendant's discharged district court dramshop error evidence ex rel fact false felony fendant filed grand jury habeas corpus held impeached imprisonment indictment information charging instruct the jury intent to kill jail judgment jurisdiction jurors justice Kansas larceny Leavenworth Leavenworth county legislature malice aforethought malicious prosecution ment misdemeanor motion murder Ness county nolle prosequi offense ordinance Osborne county overruled party peace peremptory challenges permit person petition plaintiff plea Potter preliminary examination proceedings prosecuting witness prove punishment quash question recognizance record refused rule sell intoxicating liquors sentence Shawnee county sheriff statements statute sufficient supreme court sustained sworn term testified testimony thereof tion trial court verdict violation void voir dire warrant
Popular passages
Page 129 - ... a speedy public trial by an impartial jury of the county or district in which the offense is alleged to have been committed.
Page 383 - It is that state of the case, which, after the entire comparison and consideration of all the evidence, leaves the minds of the jurors in that condition that they cannot say they feel an abiding conviction, to a moral certainty, of the truth of the charge.
Page 197 - Where there is testimony tending to sustain the defense of an alibi interposed by one of the defendants it is proper for the court to instruct the jury as to the law of...
Page 329 - ... it will be presumed in the absence of any showing to the contrary that the trial court acted within its jurisdiction with due regard to the parties (In re Cinnamond, 119 Cal.
Page 349 - Constitution, which provides that "no bill shall contain more than one subject, which shall be clearly expressed in its title," may be as broad and comprehensive as the legislature may choose to make it.
Page 142 - When the defendant appears for judgment he must be informed by the court, or by the clerk, under its direction, of the .nature of the...
Page 90 - No court or judge shall inquire into the legality of any judgment or process, whereby the party is in custody, or discharge him when the term of commitment has not expired in either of the cases following : First.
Page 111 - In charging the jury the court may state to them all matters of law which it thinks necessary for their information in giving their verdict; and, if it state the testimony of the case, it must inform the jury that they are the exclusive judges of all questions of fact.
Page 106 - If any person indicted for any offense, and committed to prison, shall not be brought to trial before the end of the second term of the court having jurisdiction of the offense which shall be held after such indictment found, he shall be entitled to be discharged, so far as relates to the offense for which he was committed, unless the delay shall happen on the application of the prisoner, or shall be occasioned by the want of time to try the cause at such second term.
Page 92 - The time fixed for executing a sentence, or for the commencement of its execution, is not one of its essential elements, and, strictly speaking, is not a part of the sentence at all. The essential portion of the sentence is the punishment, including the kind of punishment and the amount thereof, without reference to the time when it shall be inflicted.