State v. Lawrence

• Decision Date: 08 February 1890
• Citation: 23 P. 157,43 Kan. 125
• Parties: THE STATE OF KANSAS v. JAMES T. LAWRENCE
• Court: Kansas Supreme Court

23 P. 157

43 Kan. 125

THE STATE OF KANSAS v. JAMES T. LAWRENCE

Supreme Court of Kansas

February 8, 1890

Appeal from Barber District Court.

APPEAL by The State from the rulings of the district court quashing an information. The information, omitting the heading and verification, is as follows:

"Comes now R. A. Cameron, the undersigned county attorney of the said county of Barber, and in the name and by the authority of the state of Kansas gives the court to understand and be informed that on the 23d day of April, 1889, at the county of Barber and state aforesaid, one Harry W. Stevens, then and there being the under-sheriff of the said county, brought one L. M. Spencer before O. C. Howe, then and there being one of the justices of the peace within and for the said county; and the said L. M. Spencer was then and there charged before the said O. C. Howe by one A. D. Mercer, upon the oath of the said Mercer, that the said L. M. Spencer had then lately before, on the 15th day of April, 1889, at the county of Barber and state of Kansas aforesaid, committed the crime of embezzlement, by then and there unlawfully and feloniously taking, secreting and making away with the property of Parlin & Orendorff Company, a corporation duly existing and organized under the laws of the state of Illinois; and the said L. M. Spencer was then and there held for examination before the said O. C. Howe, the justice of the peace aforesaid, touching the said offense so to him charged as aforesaid, the hearing of which examination was adjourned to the 1st day of May, 1889, and the said L. M. Spencer was required by the said justice of the peace to enter into a recognizance in the sum of $ 2,500, for his appearance at that time, and the said L. M. Spencer failing to give such recognizance, was by the said justice of the peace duly adjudged to stand committed to the jail of said county in default thereof; and the said justice of the peace duly issued his order of commitment therefor, which order of commitment is of date and in words and figures as follows, to wit:

"'THE STATE OF KANSAS, Plaintiff, v. L. M. SPENCER Defendant.--Before O. C. Howe, a Justice of the Peace of Medicine Lodge Township, in Barber County, Kansas.--State of Kansas, Barber County, ss.--The State of Kansas, to the Sheriff or any Constable of said County, Greeting: Whereas upon good cause shown, the above cause was, this 23d day of April, 1889, continued for trial to the 1st day of May, 1889 at nine o'clock A. M., at my office in said township, and the said defendant, L. M. Spencer, was by me required to enter into recognizance in the sum of $ 2,500, with sufficient sureties, for his appearance at such time and place to answer the complaint in said cause alleged against him; and said defendant did fail and refuse to enter into said recognizance:

"'You are therefore commanded to take and commit the said defendant to the jail of Barber county, there to remain until the day fixed for said trial.

"'Witness my hand, at Medicine Lodge Township, in said county, this 23d day of April, 1889.

O. C HOWE,

Justice of the Peace.'

"Which said order of commitment was, by the said justice of the peace, duly delivered to the said Harry W. Stevens under-sheriff as aforesaid, under and by virtue of which the said Harry W. Stevens took and held the lawful custody of the said L. M. Spencer; and that afterward, to wit, on the 24th day of April, 1889, and while the said L. M. Spencer was in the custody of one Charles Kidd, a person then and there having the lawful charge of the said L. M. Spencer, under and by virtue of his employment by the said Harry W. Stevens under-sheriff as aforesaid, as a guard to take charge and hold the custody of the said L. M. Spencer, under and by virtue of the commitment aforesaid, and before conviction of the offense aforesaid, and while he continued in such custody, and before he was delivered by the said Harry W. Stevens to the jailer and keeper of the jail of said county, the said Harry W. Stevens then and there having in his possession the said warrant of commitment against the said L. M. Spencer, ...