State v. King

Citations

• 71 Kan. 287
• 80 P. 606
• 1905 Kan. LEXIS 130

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Breaking Jail — Arrest for Burglary Held Lawful — Complaint and Warrant Sufficient. A complaint duly verified, charging that one Ora Gregg, one Bob. Hickman, and John Doe and Richard Roe, whose real names were unknown, had com-' mitted a burglary, was filed with a justice of the peace. A warrant for the arrest of the parties named issued, and under it Hickman was arrested. Upon his examination it was ascertained by the justice that Richard Roe, whose real name was unknown, was Hayden King, and he made an entry to that effect upon his docket, and thereupon issued a warrant for the arrest of Hayden King for the commission of the crime charged, under which warrant King was arrested. Held, that such arrest was lawful; that neither section 15 of the bill of rights, which provides that “no warrant shall issue but on probable cause, supported by oath or affirmation, particularly describing the place to be searched and the persons or property tb be seized,” nor the provisions of section 36 of the code of criminal procedure (Gen. Stat. 1901, sec. 5476), providing for the making of a complaint and the issuing of a warrant, were' violated by such procedure; and held, further, that one imprisoned or detained in virtue of such warrant is in lawful custody and guilty of the crime of breaking jail, if .he escape therefrom.</p>