State v. Durein

Citations

• 65 Kan. 700
• 70 P. 601
• 1902 Kan. LEXIS 117

Syllabus

<p>SYLLABUS BY THE COURT;</p> <p>1. Criminal Procedure — Appeal in Misdemeanor Case. The defendant, in a misdemeanor case appealed from a justice of the peace, cannot be arraigned and required to plead, nor can the jury be impaneled and sworn and the trial commenced, until the eom- . plaint sent up by the j ustice has been certified by him; and a certification made after the trial has begun and over the defendant’s objection will not have relation back as of the time it should have been made.</p> <p>2. - Certificate to Complaint by Justice. A justice of the peace, whose duty is to certify and send to the district court, upon appeal, the complaint on which a defendant has been tried and convicted before him, cannot make such certification outside the township within and for which he holds his office.</p> <p>3. - Case Followed. The case of The State v. Medley, 51 Kan. 627, 39 Pac. 227, followed.</p>