State v. Justus

Citations

• 86 Kan. 848
• 122 P. 877
• 1912 Kan. LEXIS 401

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Criminal Law — Preliminary Examination — Plea in Abatement. A person charged with a felony, and who had been admitted to bail, was brought before a magistrate for preliminary examination, and when the testimony in support of the prosecution was produced the defendant moved for a discharge on the ground that probable cause for charging him with the offense had not been shown. The magistrate then postponed the hearing and took the motion under advisement for twenty-four hours, and when that time arrived and the defendant did not appear the magistrate decided that an offense had been committed and that there was probable cause to believe defendant guilty of the offense and ordered that he be bound over for- trial. The bond was given, and at a trial in the district court, where he was convicted, defendant contended that he had not had a preliminary examination because he was not present when the order was made and that he had not been permitted to offer testimony in his own behalf. Held, that the examination, in which all of the testimony of the prosecution was offered, afforded the defendant reasonable notice of the nature of the offense charged against him and fairly accomplished the purpose of a preliminary examination, and, further, that he could not defeat the proceeding by neglecting to appear before the magistrate at the time to which the adjournment was taken.</p> <p>2. INFORMATION — Duplicity—No Motion to Quash. The uniting of a charge of felony with another of the same general character which constitutes a misdemeanor is not ground for the reversal of a judgment of conviction where no motion to quash the information was filed nor any attack made on the information on the ground of duplicity until after the conviction was obtained.</p> <p>3. - Charging Offense in Several Ways — Not Repugnant. When an offense, as defined by statute, may be committed in several ways, the information may, in a single count, charge its commission