In re Justus

Citations

• 65 Kan. 547
• 70 P. 354
• 1902 Kan. LEXIS 88

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Criminal Practice — Change of Venue — Oklahoma Statute Construed. A statute of Oklahoma made it mandatory on the court to change the venue of a criminal cause where certain matters were made to appear by affidavits. .The required affidavits were filed, but the court refused to change the venue, and held the cause for trial, which trial resulted in the conviction and sentence of the defendant. Held, that the filing of such affidavits did not oust the court of jurisdiction; that the sentence pronoqnced by the court is not void; and that defendant is not entitled to be discharged from imprisonment thereunder, upon a writ of habeas corpus.</p>