State v. Davis

Citations

• 67 Kan. 545
• 73 P. 87
• 1903 Kan. LEXIS 292

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Practice, District Court — Jury and Jurors — SpeeialVenire. Thirty days before the time fixed by law for the commencement of a regular term of court the judge made an order directing that twelve additional jurors.be drawn to serve at the ensuing term, under the authority of section 3813, General Statutes Of 1901. The order was filed with the county clerk, and the jurors drawn and summoned. After court convened, and on the second day of the term, another order was made, under section 3815, General Statutes of 1901, requiring twelve additional jurors to be drawn, for the reason that the number theretofore drawn was insufficient, which order was complied with. Held, that the last order was lawfully made.</p> <p>2. - Separate Trials in Misdemeanors. Ia a prosecution for a misdemeanor, the granting of separate trials to defendants jointly charged is within the discretion of the court.</p> <p>3. Intoxicating Liquors — Testimony in Mind of County Attorney. In a prosecution for maintaining a common nuisance under the prohibitory liquor law, the fact that the testimony given by witnesses in support of the charge was not in the mind of the county attorney when the information was filed is immaterial.</p>