In re Higgins

Citations

• 96 Kan. 332
• 150 P. 515
• 1915 Kan. LEXIS 377

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Habeas Corpus — Felonious Assault — Neither Verdict nor Judgment is Void — Petitioner Remanded. A verdict rendered in a prosecution under section 42 of the crimes act (Gen. Stat. 1909, §2530) that: “We, the jury, empaneled and sworn in the above entitled cause, do, upon our oaths, find the defendant guilty of assaulting and wounding George V. Jackson under circumstances which would have constituted murder or manslaughter if death had ensued, under Paragraph 2530 of the General Statutes of Kansas 1909, in manner and form as charged in the information,” is not so indefinite and defective because of failure to specify the degree of the offense as to be void.</p> <p>2. Same. Nor is the commitment or judgment void because the court instead of stating specifically the maximum and' minimum penalties in the indeterminate sentence rendered adjudged that the imprisonment should be not less than the minimum nor more than the maximum provided in section. 42 of the crimes act for the offense of which the defendant was convicted.</p>