City of Topeka v. Kersch

Citations

• 70 Kan. 840
• 79 P. 681
• 1905 Kan. LEXIS 59

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Criminal Procedure — Jurisdiction wpon Appeal from Police Court. A prosecution for violating a city ordinance was had in the police court of a city of the first class before an acting police judge on a verbal charge preferred by a policeman for an offense committed in his presence. The charge was entered in the docket of the police judge, with the names of the witnesses for the city, together with the judgment of the court. Held, that a transcript of the docket, certified to by the regular police judge, was sufficient to give the district court jurisdiction of the case on appeal.</p> <p>2. -Intoxicating Liquors — No Accessories in Misdemeanors. A verbal complaint in the police court of a city of the first class charged defendant with assisting in keeping a common nuisance under the prohibitory liquor law. There being no accessories in misdemeanors, proof that the accused committed the offense unaided by any other person justified a conviction.</p> <p>3. -- Reference to Place Justifiable — Verdict Held Responsive. A complaint of the kind referred to above charged that defendant assisted in committing a common nuisance in a back room on the first floor of a two-story building at No. 708 Kansas avenue. The verdict found defendant guilty of maintaining a nuisance at 708 Kansas avenue, “as claimed in this prosecution.” The particular room was described by witnesses for the city, and the court referred to it in the instructions as “the place described in the evidence.” Held, that in the absence of a written complaint the court was justified in the reference it made to the place where the offense was committed, and that the verdict was responsive to the charge.</p> <p>4. - Objection Waived — Cases Followed. A defendant arrested on view, without warrant, for a misdemeanor committed in the presence of a police officer attacked the constitutionality of section 813 of the General Statutes of 1901, authorizing such arrest, after conviction in