State v. Bland

Citations

• 91 Kan. 160
• 136 P. 947
• 1913 Kan. LEXIS 354

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. District Court — Sitting in Two Places in Same County — Form of Criminal Information. A statute provides that the district court of Cherokee county shall be held in two places, and prescribes that actions commenced in that court shall be entitled as sitting at one or the other of the places. An information filed at one of the places, and to which the defendants were recognized'to appear,'was entitled “State of Kansas, ■ County of Cherokee, ss: In the District Court of said County • and State,” followed by the names of the parties, but did not , name the place in which the information was filed and the case was tried. Held, that the omission of the name of the place in the county did not invalidate the information, nor operate to' the prejudice of the defendants.'</p> <p>2. Misdemeanor — Voluntary Absence of Defendant from. Trial— Conviction Valid. A defendant at liberty on a bond can not, by voluntarily leaving the court room during a part of the trial, nullify the proceedings had, nor impair the validity of a verdict rendered against him in his absence.</p> <p>3. Fees — Attorney-general—Liquor Cases — Denial—Appeal. An appeal may be taken by the state from a decision refusing to allow fees to the attorney-general for convictions obtained by him in prosecutions for violations of the prohibitory liquor law.</p> <p>4. Prosecutions — Under Prohibitory Law — Attorney-general Entitled to Fees.. The statute providing for the allowance of such fees is not repugnant to that part of section 15 of article 1 of the state constitution which provides that certain state officers shall receive compensation for their services at stated times.</p> <p>5. - Same — Joint Defendants — Fees Chargeable to Each ■ Defendant on Each Count. Where several defendants are jointly tried and convicted of offenses charged in a number of counts in a single information the prosecuting attorney is entitled to the allowance of the fee provided in section 4377 of the