Foley v. Ham

Citations

• 102 Kan. 66
• 169 P. 183
• 1917 Kan. LEXIS 222

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Criminal Prosecutions — In Control of County Attorney. While the • ' county attorney' is not required to take part in a preliminary examina- • tion in a felony case unless requested to do so by the magistrate, . if he does appear he is entitled to have full charge of the prosecution, and the case should be dismissed if he so directs.</p> <p>2., Same — County Attorney May Dismiss Action. Where a justice of the peace sitting as an examining magistrate refuses to dismiss a criminal prosecution on the motion of the county attorney, the district court, by ' -an order in the nature of a writ of prohibition, may compel such action.</p> <p>3. Same — Refusal of Justice to Dismiss Action — Writ of Prohibition. Where a county attorney asks the dismissal of a criminal case pending before a justice of the peace, and his request is denied, no further challenge of the right of the justice to proceed therein is necessary to give a basis for asking relief by prohibition.</p> <p>-4. Same — Transcript—Recitals of Justice’s Docket — Jurisdiction of District Court. A transcript of the docket of a justice of the peace, which .recites that after a preliminary examination a defendant was required to give bail for his appearance in the district court to answer -the charge against him, is sufficient (together with the recognizance : given by the defendant) to confer jurisdiction on the district court, ¡although it omits a recital that it was found that an offense had been committed and that there was probable cause to believe the defendant guilty.</p> <p>5. SAME’ — Unwarranted Prosecutions — Injunction. Injunction against the maintenance of vexatious and unwarranted criminal prosecutions may be allowed against individuals even where no property rights are threatened.</p>