State v. Van Wormer

Decision Date29 July 1918
Docket Number21255
Citation180 P. 450,103 Kan. 309
PartiesSTATE v. VAN WORMER.
CourtKansas Supreme Court

Syllabus by Editorial Staff.

Where an order was made that appellant’s petition for rehearing would not be considered on its merits until defendant should surrender himself to the sheriff, and that unless such surrender was made by a given date the petition for rehearing would be stricken from the files, and such surrender has not been made, the petition will be ordered stricken.

On petition for rehearing. Defendant having failed to surrender himself to the sheriff, said petition is ordered stricken from the files.

For former opinion, see 103 Kan. 309, 173 P. 1076.

OPINION

MASON, J.

On July 15, 1918, a petition for a rehearing was filed in behalf of the defendant. On the same day an order was made to the effect that, in view of a suggestion that the defendant had failed to surrender himself to the sheriff of Hamilton county in accordance with the order of the court, the petition for a rehearing would not be considered on its merits until such surrender was made, and that unless it was made by July 26, 1918, the petition would be stricken from the files.

Such surrender not having been made, the petition for a rehearing is on the 29th day of July, 1918, ordered stricken from the files.

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2 cases
  • State v. Robert Harre
    • United States
    • Vermont Supreme Court
    • November 2, 1937
    ...Abbott Bros. Co. v. United States, 242 F. 751; State v. Green, 229 Mo. 642, 129 S.W. 700; State v. Van Wormer, 103 Kan. 309, 173 P. 1076, 180 P. 450; DeBerry v. State, 99 Tenn. 207, 42 S.W. 31; Lambert v. People, 29 Mich. 71; Simpson v. State, 16 Okla. Crim. 533, 185 P. 116; State v. Shippe......
  • State v. Harre, 508.
    • United States
    • Vermont Supreme Court
    • November 2, 1937
    ...Co. v. United States (C.C.A.) 242 F. 751; State v. Green, 229 Mo. 642, 645, 129 S.W. 700; State v. Van Wormer, 103 Kan. 309, 173 P. 1076, 180 P. 450; De Berry v. State, 99 Tenn. 207, 42 S.W. 31; Lambert v. People, 29 Mich. 71; Simpson v. State, 16 Okl.Cr. 533, 185 P. 116; State v. Shippey, ......

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