State v. Muir

Citations

• 92 Kan. 165
• 139 P. 1158
• 1914 Kan. LEXIS 194

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Complaint — Two Counts — Felony and Misdemeanor — Guilty on Both — Judgment Arrested on Felony Count — Sentence for Misdemeanor — No Error. One continuous and indivisible transaction was charged in two counts of a complaint, one for obstructing and opposing an officer in an attempt to serve a warrant, and the other for assault and battery upon the officer while attempting to serve the warrant. The trial was conducted without objection on the part of the defendant in all respects as for a misdemeanor, and the court instructed the jury that he was charged with a misdemeanor. He was found guilty on both counts. He then claimed the first count charged a felony, and moved that judgment be arrested because he had not been accorded a preliminary examination, had not enjoyed the full number of challenges to jurors, and had been tried and found guilty as for a misdemeanor. Judgment was arrested on the first count and entered on the second count. Held, the facts stated furnish no ground for reversing the judgment on the second count.</p>