In re Elliott

Citations

• 63 Kan. 319
• 65 P. 664
• 1901 Kan. LEXIS 141

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Criminal Practice — Bill of Exceptions — Evidence in Habeas Corpus. A supplemental bill of exceptions in a criminal case, settled and allowed after the term at which a judgment of conviction of the defendant was rendered, which bill of exceptions recites that the conviction was had on the verdict of eleven jurors only,constitutes a part of the record of the case„although the court refused to correct the journal entry of conviction so as to show the actual fact. Such bill of exceptions, being part of the record of the case, is admissible evidence upon an application for habeas corpus to release a prisoner from confinement in the state penitentiary.</p>