State v. Callahan

Citations

• 93 Kan. 172
• 144 P. 189
• 1914 Kan. LEXIS 403

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Criminal Law — Conviction—Sentence — Appeal — Judgment Afflrm&d — Jurisdiction of Supreme Court Continues until Mandate is Executed. Where a person has been regularly charged, tried and convicted of a crime in a district court of this state, and has appealed from the judgment and sentence of such court to the supreme court, in which court the judgment has been affirmed and a mandate issued for the execution of the writ; held, that until such mandate is fully executed the supreme court has full and exclusive jurisdiction of the custody of the convict.</p> <p>2. Same — Habeas Corpus — Judgment of Probate Court Releasing Convict was Void. Where; prior to the full execution of such mandate, another court of the state issues a writ of habeas corpus requiring a sheriff, who has the custody of the convict for the purpose of executing such mandate, to produce the convict before such court, and upon a hearing under the writ enters a judgment purporting to discharge him from the custody of the sheriff; held, that the attempted judgment thereunder is void.</p> <p>3. SAME — Bond of Convict - — Pending Appeal — Not Forfeited. Where, in such case, a surety on a bond given to secure the liberty of the convict during the pendency of the appeal, after the mandate is issued, delivers the convict with a copy of the judgment and order of commitment to the sheriff whose duty it was to execute the sentence, the bond can not thereafter be forfeited, although the sentence is not executed for reasons beyond the control of the surety or the sheriff.</p>