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State v. Miller

Citations

  • 71 Kan. 491
  • 80 P. 947
  • 1905 Kan. LEXIS 169

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Justice of the Peace — Judicial Acts — Collateral Attack. The judicial acts of one duly elected and acting as a justice of the peace are not open to collateral attack because he had prior to that time accepted the office of city attorney, and was also acting in that capacity.</p> <p>2. Criminal Law — Robbery—Conviction of a Lower Offense. Upon an information charging robbery the accused may be convicted of the offense of pocket-picking, or stealing from the person.</p> <p>3. •-Information Sufficient. Where an information sufficiently alleged the offense of which the defendant was convicted he has no reason to complain that it did' not fully charge a higher offense of which he was not convicted.</p>

Judges: Johnston

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