In re Mote

Citations

• 98 Kan. 804
• 160 P. 223
• 1916 Kan. LEXIS 199

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Bigamy — Trial by Jury May be Waived — Plea of Guilty Waived Question of Jurisdiction. The constitutional guaranties in section 10 of the bill of rights, which insure to every person accused of crime a speedy public trial by an impartial jury of the county in which the offense is alleged to have been committed, etc., are personal privileges which the accused may waive, and when they are freely waived by a person charged with crime, by a plea of guilty in a district court of general jurisdiction, it is too late thereafter to challenge the constitutionality of the statute conferring jurisdiction upon the court which imposed judgment upon him.</p> <p>2. Same — Plea of Guilty in County Where Apprehended — -Jurisdiction Can Not be Raised in Habeas Corpus Proceedings. The constitutionality of section 2714 of the General Statutes of 1909 authorizing the prosecution of a bigamist “in the county in which the offender may be apprehended,” can not be raised in a habeas corpus- proceeding by a person who has waived his constitutional privileges and pleaded guilty to the crime of bigamy as charged in the information filed against him in the district court of the county in which he was apprehended.</p> <p>3. Same — Indeterminate Sentence- — Not Void for Uncertainty. A judgment and commitment in a bigamy case recited that “thereupon the defendant . . . being duly arraigned enters his plea of guilty to the charge of bigamy as charged in the information filed in this case . . . and . . . the court thereupon finds the defendant . . . guilty of bigamy as charged in the information.</p> <p>“It is therefore by the court considered, ordered and adjudged that the said defendant, Bob Mote, be confined at hard labor in the Kansas State Penitentiary, located at Lansing, Leavenworth County, Kansas, until discharged therefrom as by law provided,” etc. Held, that such judgment and commitment are not void for uncertainty, and that the duration of the petitione