In re Broadhead

Citations

• 74 Kan. 401
• 86 P. 458
• 1906 Kan. LEXIS 78

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Criminal Law — Warrant—Return—Functus Officio. When a warrant which has been issued by a justice of the peace on a complaint charging the person whom the warrant commands the sheriff to arrest with a felony is delivered to a sheriff for service, and the sheriff thereafter by direction of the county attorney returns the warrant “not found,” and files the same with the justice who issued it, such warrant thereupon becomes functus officio.</p> <p>2. -Felony — Limitation of Action. Upon such return of the warrant no action is thereafter pending which suspends the running of the statute of limitations.</p>