State v. Glaze
| Decision Date | 27 January 1968 |
| Docket Number | No. 44899,44899 |
| Citation | 200 Kan. 324,436 P.2d 377 |
| Parties | The STATE of Kansas, Appellant, v. Colin D. GLAZE, Appellee. |
| Court | Kansas Supreme Court |
Syllabus by the Court
1. Questions reserved by the state in a criminal prosecution will not be entertained on appeal merely to demonstrate whether or not error has been committed by the trial court in its rulings adverse to the state.
2. The statutory right of appeal conferred upon the state as to questions reserved by it is to aid in the correct and uniform administration of the criminal law.
3. In a criminal prosecution wherein the state appeals upon questions reserved by it, the record is examined and it is held, the questions are not so vital to the correct and uniform administration of the criminal law that they should be entertained upon appellate review, and the appeal is dismissed.
A. J. Focht, Deputy County Atty., argued the cause, and Robert C. Londerholm, Atty. Gen., and Keith Sanborn, County Atty., were with him on the brief for appellant.
No appearance for appellee.
HARMAN, Commissioner.
The state, by way of questions reserved, seeks review of approximately twenty adverse rulings in a jury trial.
The defendant was charged with the crimes of first degree murder and attempted first degree murder in connection with the killing of his wife's paramour and the wounding of the wife. He was convicted of the offenses of third degree manslaughter and attempted third degree manslaughter and sentenced accordingly.
Retrial of defendant may not be had and any ruling we might make would not affect him (State v. Logan, 198 Kan. 211, 424 P.2d 565).
K.S.A. 62-1703 provides in pertinent part:
'Appeals to the supreme court may be taken by the state in the following cases, and no other: * * * third, upon a question reserved by the state.'
It is not the function of this statute to provide a means whereby the state may comb the record of trial in a criminal prosecution and have appellate review of every conceivable adverse ruling. Reserved questions will not be entertained merely to demonstrate whether or not error has been committed by the trial court in its rulings adverse to the state.
In City of Wichita v. Stevens, 167 Kan. 408, 207 P.2d 386, it was said:
'The statutory right of appeal conferred upon the state, or a city, is to aid in the uniform administration of justice.' (P. 414, 207 P.2d p. 391.)
The practice of appealing upon questions reserved by the state has been used somewhat sparingly so there are a limited number of cases on the subject. After examining them, we conclude that, with slight exception, the foregoing principle of scope and purpose has generally been adhered to. We shall not attempt an exhaustive review of those cases for, in any event, we consider the principle sound. Generally, the appeals have been on questions of statewide interest, important to the correct and uniform administration of the criminal law; see, for example, State v. Bland, 91 Kan. 160, 136 P. 947 (); State v....
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...State v. Willcox, 240 Kan. 310, Syl. p 1, 729 P.2d 451 (1986); State v. Holland, 236 Kan. 840, Syl. p 1, 696 P.2d 401 (1985); State v. Glaze, 200 Kan. 324, Syl. p 1, 436 P.2d 377 (1968). We have uniformly declined to entertain questions reserved, the resolution of which would not provide he......
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...it tends to be used sparingly and so the trappings of these appeals have been rather slowly developed. See State v. Glaze , 200 Kan. 324, 325, 436 P.2d 377 (1968). But we nonetheless have the benefit of at least two clear standards. First, "[i]nherent in appeals as a matter of right by the ......
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...must be one which calls for an answer which will aid in the correct and uniform administration of the criminal law. State v. Glaze, 200 Kan. 324, 436 P.2d 377 (1968). A question reserved by the State will not be entertained on appeal merely to demonstrate errors of a trial court in rulings ......