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State v. Wells

Citations

  • 69 Kan. 792
  • 77 P. 547
  • 1904 Kan. LEXIS 337

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Criminal Procedure—Insufficient Plea of Former Conviction.. It is not error to sustain a demurrer to a plea of a former conviction where the plea does not contain a complete record of the former proceeding.</p> <p>2. -Bight to Jury of Twelve May he Waived in Misdemeanors. In the prosecution for a misdemeanor the defendant, with the consent of the prosecuting attorney and the court,, may waive a trial by a full jury and consent to be tried by a jury composed of eleven persons, under section 5639 of the General-Statutes of 1901, which provides: “The defendant and prosecuting attorney, with the assent of the court, may submit the trial to-the court, except in cases of felonies.”</p>

Judges: Bukch, Greene

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