State v. Coletti

Citations

• 102 Kan. 523
• 170 P. 995
• 1918 Kan. LEXIS 82

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Constitutional Law — Amendment of Statute by Implication. The provisions of section 16 of article 2 of the state constitution that “no law shall be revived or amended unless the new act contain the entire act revived or the section or sections amended, and the section or sections so amended shall be repealed” has no-room for application to an amendment by implication. {Parker-Washington Co. v. Kansas City, 73 Kan. 722, 85 Pac. 781.)</p> <p>2. Appeal Bonds — Misdemeanor Cases — Not Bail Bonds. Chapter 188, Laws of 1915 (Gen. Stat. 1915, §§8201-8204), providing for appeals from convictions in misdemeanors, and which requires the defendant to give a bond conditioned upon the payment of the fine and costs, and also a bond conditioned that he will not violate the law under w-hich the conviction was obtained, is not obnoxious to section 9 of the bill of rights, which provides that “excessive bail shall not be required.”</p> <p>3. Appeals — Power of Legislature to Impose Terms. It is wdthin the power of the legislature to impose additional requirements upon the exercise of the right to appeal to the supreme court from a 'criminal conviction, notwithstanding the provisions of section 8197 of the General Statutes of 1915, which gives such an appeal “as a matter of right.”</p> <p>4. Same — Appeal Bonds for Protection of State. The provisions of section 8206 of the General Statutes of 1915 (Crim. Code, § 287), that the bond to stay the judgment of conviction shall be approved by the trial court or the judge thereof, or the supreme court or any justice thereof, is for the protection of the state alone, and not for the benefit of the defendant or his surety, and may be waived by the state; and the failure to have the bond approved cannot be taken advantage of by the principal, or thb surety in an action to recover on a bond.</p>