In re Danton

Citations

• 108 Kan. 451
• 195 P. 981
• 1921 Kan. LEXIS 193

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Preliminary Examination — Admission of Accused May Be Sufficient to Hold Him for Trial. In a preliminary examination before a magistrate upon a charge of criminal syndicalism, the statements of the accused admitting the doing of acts in violation of the statute is sufficient evidence to warrant the magistrate in holding him for trial.</p> <p>2. Same — Nature of Evidence Required to Bind Over for Trial. In such an examination it is not necessary that the evidence upon which the accused is bound over for trial be sufficient to support a conviction. It is enough if it is shown that an offense was committed 'and that there is probable cause to believe that the accused is guilty thereof.</p> <p>3. Criminal Law — Conviction—Labor Required of Prisoners Sentenced to Penitentiary. As all prisoners confined in the penitentiary are compelled to perform labor proportionate to their capacity — in a sense hard labor — a penalty imposing imprisonment at hard labor prescribes no different punishment from one which imposes imprisonment in the penitentiary without mention of labor.</p> <p>4. Preliminary Examination — Sufficient Evidence to Hold Accused for Trial. The evidence examined, and held to be sufficient to uphold the finding of the magistrate committing the petitioner for trial in the district court.</p>