State v. Appleton

Citations

• 73 Kan. 160
• 84 P. 753
• 1906 Kan. LEXIS 222

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Criminal Law — Grounds for a, New Trial. Under section 210 of the criminal code (Gen. Stat. 1901, § 5652) new trials may be awarded in criminal cases upon the grounds for which new trials may be granted in civil cases, if such procedure is not inconsistent with other provisions of the .criminal code.</p> <p>2. PARTIES' — Action against the State — Consent. The state cannot be sued in its own courts except with its own consent, clearly conferred by act of the legislature.</p> <p>3. -Proceeding to Set Aside a Judgment of Conviction. Section 210 of the criminal code (Gen. Stat. 1901, § 5652), authorizing the awarding of new trials for like causes and under like circumstances as in civil cases, and section 310 of the civil code (Gen. Stat. 1901, § 4758), providing for instituting a proceeding to obtain a new trial within one year after final judgment has been rendered, do not authorize the commencement of a proceeding against the state by one adjudged guilty of a public offense to set aside the judgment of conviction and obtain a new trial.</p>