State v. Tillotson

Citations

• 85 Kan. 577
• 117 P. 1030
• 1911 Kan. LEXIS 117

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Kidnapping — Minor Child — Binding Force of Kansas Judgment — Foreign Judgment. Where the right to the custody of a child is tried by a court of this state, and a judgment is rendered for one of the parties upon the ground that a judgment previously rendered in another state is controlling, the fact that such foreign judgment is subsequently reversed does not of itself affect the binding force of the Kansas judgment, which is conclusive upon the parties until it is set aside or superseded by a later judgment.</p> <p>2. Custody of Minor — Judgment for Defendant for Costs Final on Merits of Case. Where in an action for the custody of a child a decision is made that the defendant is entitled to retain the custody, a judgment rendered upon such decision for the defendant for costs is to be interpreted as a final judgment in favor of the defendant upon the merits.</p> <p>3. Kidnapping from Lawful Custodian of Minor Constitutes the Crime. In a prosecution under the statute making it an offense to carry away a child with intent to detain it from its parent or other person having the lawful charge of it, where the information alleges that the defendant took the child with the intent to conceal it from a person who was its mother and also had lawful charge of it, and the evidence conclusively establishes that the person named was lawfully entitled to the custody of the child, the question whether she is also its mother becomes immaterial.</p> <p>4. Kidnapping Minor under Claim of Bight — No Defense. Where a child is living with the person to whom its custody has been awarded by the judgment of a court, and an armed man, employed for the purpose in the interest of the opposing claimant, enters the home and carries the child away by force and violence, in a prosecution of one who under a similar employment aided in the abduction, it is not error to refuse to instruct that proof that the child was taken under a claim of right resting upon rea