State v. Brecount

Citations

• 82 Kan. 195
• 107 P. 763
• 1910 Kan. LEXIS 220

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Homicide — Excusable—Intent with Which the Act Was Done. Homicide, to be excusable within the provisions of section 1995 of the General Statutes of 1901 (Gen. Stat. 1868, ch. 31, § 10), must have resulted from an act committed with lawful intent. It is not enough that the act is one which under ordinary circumstances would be lawful and is committed by means ordinarily lawful and with the usual and ordinary caution. There must be absence of unlawful intent.</p> <p>2. Criminal LAW' — Preliminary Examination• — Complaint — Coroner’s Warrant. A coroner’s warrant for the arrest of a person found guilty by a coroner’s jury takes the place of a complaint, and is sufficient authority for the holding of a. preliminary examination before an examining magistrate.</p>