State v. Goetz

Citations

• 65 Kan. 125
• 69 P. 187
• 1902 Kan. LEXIS 359

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Criminal Procedure — Result of Preliminary Examination . —Filing of Information. A preliminary examination, under the provisions of article 5 of the criminal code (Gen. Stat. 1901, §§ 5175-5505), which does not result in a finding by the examining magistrate that there is probable cause to believe the prisoner guilty of the offense charged, will not authorize the county attorney to file an information against such accused, or the court in proceeding to trial upon an information so filed, when the same is attacked by a plea in abatement.</p> <p>2. -necessity of Written Complaint — Jurisdiction of Justice. A justice of the peace has no jurisdiction to try or sentence one for an offense without a complaint in writing having been filed before him charging such offense.</p> <p>3. - Voluntary Appearance of Defendant without Complaint— Judgment no Bar. The voluntary appearance of one before a justice of the peace and his plea of guilty to an offense, without any written complaint having been filed, confer no jurisdiction upon such justice to render judgment against such an one; and a judgment so rendered does not constitute a bar to a subsequent prosecution for an offense growing out of the same facts.</p>