State v. Anderson

Decision Date09 October 1885
Citation34 Kan. 116,8 P. 275
PartiesTHE STATE OF KANSAS v. ANDREW ANDERSON
CourtKansas Supreme Court

Appeal from Cloud District Court.

PROSECUTION for bribing, inducing and deterring a witness from appearing and giving her testimony in a certain criminal proceeding. Trial at the April Term, 1885, when the defendant, Anderson was found guilty, and sentenced to be imprisoned in the county jail of Cloud county for the term of four months beginning May 27, 1885, and to pay a fine of $ 200 to The State, and the costs of the prosecution. Defendant appeals. The opinion states the case.

Judgment reversed.

L. J Crans, for appellant.

JOHNSTON, J. All the Justices concurring.

OPINION

JOHNSTON, J.:

The appellant was prosecuted before a justice of the peace of Cloud county, and convicted of the offense of bribing, inducing and deterring a witness from appearing and giving her testimony in a certain criminal proceeding then pending in that county. In due time the defendant appealed to the district court and entered into a recognizance that was approved by the justice, conditioned for his appearance at the next term of the district court to answer to the complaint made against him. He appeared at the district court in accordance with the condition of his recognizance, and when the case was called for trial, he moved the court for his discharge because there was no legal complaint or other accusation filed against him. He also moved to strike from the files of the court certain papers therein purporting to be a complaint, warrant, and recognizance, because there was no certification thereof as the statute prescribes. The testimony upon this motion showed that the complaint, warrant, and recognizance, brought up on the appeal, had not been certified to by the justice of the peace. These motions were overruled, and against the objection of the appellant the trial was proceeded with to a conviction upon the uncertified complaint. For this action the appellant asks a reversal here.

In the statute authorizing an appeal from the judgment of a justice of the peace in a criminal case, it is specifically provided that the justice from whose judgment the appeal is taken shall make a return of the proceedings had before him, and shall certify the complaint to the district, court on or before the first day of the next term thereof. It is further provided that the cause shall be tried in the district court upon the original complaint unless it shall be found insufficient and defective, in which event the court shall order a new complaint to be filed. These provisions are essential requirements, and furnish...

To continue reading

Request your trial
9 cases
  • State v. Belisle
    • United States
    • Kansas Supreme Court
    • January 24, 1948
    ...be more or less doubt as to the accuracy thereof. We do not have an instance of substitution in the present case. In State v. Anderson, 34 Kan. 116, 8 P. 275, supra, defendant was tried upon a complaint which was found among the papers in the case and which had not been certified to or auth......
  • State v. Brown, 45546
    • United States
    • Kansas Supreme Court
    • June 13, 1970
    ...187 P. p. 677.) In the Plomondon case the objection was made prior to trial, as in this case. The defendant-as here-cited State v. Anderson, 34 Kan. 116, 8 P. 275, and State v. Durein, supra, in distinguishing Plomondon from those cases the court '* * * But here, before the trial commenced,......
  • State v. Plomondon
    • United States
    • Kansas Supreme Court
    • May 11, 1907
    ... ... Appeal ... from Rooks district court; CHARLES W. SMITH, judge ... Judgment affirmed ... Fred S ... Jackson, attorney-general, and John S. Dawson, assistant ... attorney-general, for The State ... C. L ... Kagey, and R. M. Anderson, for appellant ... Per ... This ... is an appeal from a conviction in the district court upon the ... charge of maintaining a nuisance in violation of the ... prohibitory liquor law. The proceedings were commenced before ... a justice of the peace, where ... ...
  • State v. Hall
    • United States
    • Kansas Supreme Court
    • November 11, 1933
    ... ... individualization of the certificate and no statement that it ... was the complaint on which defendant was tried. The ... certification of the complaint has been held to be essential ... and that a copy of it is not sufficient or safe. State v ... Anderson, 17 Kan. 89. Later it was held that the court ... cannot compel a defendant convicted of a misdemeanor, from ... which an appeal has been taken, to go to trial over his ... objection, upon a complaint found among the papers which ... "has not been certified to nor authenticated in any ... ...
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT