State v. Miller

Citations

• 87 Kan. 454
• 124 P. 361
• 1912 Kan. LEXIS 172

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Complaint — Warrant — Arrest—Recognizance—Waiver. By' giving a recognizance for his appearance at court without objection to the sufficiency of the warrant, the defendant waives the defect in the verification of the complaint, and the irregularity in issuing the warrant upon a complaint verified only upon information and belief.</p> <p>2. - Unsanitary Condition of Jail. The effect of such waiver is not overcome by a statement in the motion to quash the warrant to the effect that he gave the bond to avoid being confined in a jail which the judge of the district court and the county health officer had condemned as unsanitary and unfit for the confinement of prisoners, and that the judge of the district court was absent from the county at the time of the arrest and defendant had no opportunity to have a motion to quash the warrant passed upon.</p> <p>S. Information — Evidence—Variance. The information charged defendant with selling adulterated milk to one H. G. Staples. The evidence showed that Staples purchased the milk for a partnership composed of H. G. Staples and another person. Held, no variance.</p> <p>4. Verdict — Received in Absence of Defendant — No Error. The offense for which defendant was convicted being a misdemeanor, there was no error in receiving the verdict during his absence from the court room. . •</p>