City of Topeka v. Durein

Citations

• 78 Kan. 661
• 97 P. 967
• 1908 Kan. LEXIS 125

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Criminal Law — Appeal from Police Court — New Complaint. Under a statute providing that “on the trial” of'a cause appealed from the police court, “should the complaint be quashed or set aside for insufficiency, or for any other reason, the same may be amended or a new complaint filed” (Laws 1903, ch. 122, § 108a), it is competent for the district court to allow a new complaint to be filed before the trial and without any order having been made quashing or setting aside the original complaint.</p> <p>2. -- Nexo Warrant. In such a case, the defendant being under recognizance, no new warrant need be issued.</p>