State v. Miller
| Decision Date | 10 April 1915 |
| Docket Number | 19,823 |
| Parties | THE STATE OF KANSAS, Appellee, v. C. S.W. MILLER, Appellant |
| Court | Kansas Supreme Court |
Decided. January, 1915.
Appeal from Neosho district court; JAMES W. FINLEY, judge.
Judgment affirmed.
SYLLABUS BY THE COURT.
1. PRISONER--In Lawful Custody of Officer--Escaping--Information Sufficient. An information under section 182 of the crimes act (Gen. Stat. 1909, § 2674) which charges that the defendant, being lawfully committed to the county jail on a commitment issued by a justice of the peace based on a judgment rendered and sentence imposed upon a plea of guilty to an offense, and being lawfully in charge of a deputy sheriff, while being committed lawfully to jail on such commitment, did unlawfully break away and escape from such officer, is held sufficient.
2. INFORMATION--Proper Verification by County Attorney. It is proper for a county attorney to verify an information positively when he is able to do so, and the failure to add his official title to his signature is immaterial.
3. FORM OF SENTENCE--Under Indeterminate-sentence Act. A sentence under the indeterminate-sentence act need not specify the minimum or maximum of punishment provided by law for an offense.
Frans E. Lindquist, of Kansas City, Mo., for the appellant.
S. M Brewster, attorney-general, for the appellee.
The defendant seeks to appeal from a sentence entered upon his plea of guilty to an information which charged that he "did unlawfully and feloniously break away and escape from one Elmer Pitser, and said Elmer Pitser being then and there a deputy sheriff in said state, and being lawfully in charge of said C. S.W. Miller, he the said C. S.W. Miller being then and there lawfully committed to the county jail of Neosho county, Kansas, on a commitment issued by Justice of the Peace F. M. Groome, of Chanute, in said county and state, said commitment being theretofore issued on a judgment rendered and sentence imposed upon a plea of guilty entered in said court by said C. S.W. Miller to a charge of obtaining money under false pretenses, and said C. S.W. Miller while being committed lawfully to jail on said commitment did unlawfully break away and escape from said Elmer Pitser . . ." It is asserted that the information failed to state an offense; that it was not properly signed; that the sentence was void because no minimum period of imprisonment was designated.
Section 182 of the crimes act (Gen. Stat. 1909, § 2674) makes it a crime for any person confined in any county jail upon conviction for any criminal offense, or held in custody going to such jail, to break such prison or custody and escape therefrom. It is argued that there is no sufficient charge of lawful custody and that the use of the word "lawful" was merely a conclusion. The information does charge, however, that the defendant had been lawfully committed to the county jail on a commitment issued by a justice on a judgment rendered upon a plea of guilty to the charge of obtaining money under false pretenses, and that while being lawfully committed to jail on such commitment he broke away and escaped from the deputy sheriff in whose charge he was. The fair meaning of this is that the deputy sheriff was taking him to jail on the commitment mentioned and that...
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Crouse v. State, 3131
...* * *' Additionally, the propriety of a prosecuting attorney's verifying an information positively has been noticed in State v. Miller, 95 Kan. 310, 147 P. 844; Phelps v. State, 36 Okl.Cr. 213, 253 P. 910; and this is true even though the prosecuting attorney bases his verification on infor......
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In re Application of Erickson
... ... court's attention when the indeterminate sentence statute ... was under consideration. (Matter of Setters, 23 ... Idaho 270, 128 P. 1111; State v. Lottridge, 29 Idaho ... 822, 162 P. 672; State v. Grant, 26 Idaho 189, 140 ... Statutes ... which relate to the same subject matter ... (C. S., ... sec. 9035; State v. Lottridge, 29 Idaho 822, 162 P ... 672; In re Setters, 23 Idaho 270; State v ... Miller, 95 Kan. 310, 147 P. 844; State v ... Perkins, 143 Iowa 55, 20 Ann. Cas. 1217, 120 N.W. 62; ... People v. Mendosa, 178 Cal. 509, 173 P. 998; ... ...
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State v. Ragland
...record should also disclose the particular act or class of which conviction was had.' (Syl. pp1, 2, 3.) In the later case of State v. Miller, 95 Kan. 310, 147 P. 844, where a single offense with a single penalty was involved, it was 'A sentence under the Indeterminate Sentence Act need not ......
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In re Elmer Higgins
... ... Higgins be taken hence to the county jail of Chautauqua ... county by the sheriff of said county; thence to the ... penitentiary of the state of Kansas and there be confined at ... hard labor for a period of not less than the minimum and not ... more than the maximum as provided for ... [96 Kan. 336] will have any difficulty in ascertaining the ... limits which the legislature has prescribed. (The State ... v. Miller, 95 Kan. 310, 147 P. 844.) ... Neither ... the verdict nor the commitment or judgment can be held to be ... void, and therefore the ... ...