State v. White

Citations

• 76 Kan. 654
• 92 P. 829
• 1907 Kan. LEXIS 308

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Criminal Law — Limitation of Action — Beginning of Prosecution. A prosecution by information for a felony is commenced on the date the warrant which is executed is placed in the hands of the officer for service, and not on the date the information is filed; and upon the hearing of a motion to quash an information which states an offense the prosecution of which is apparently barred the court may examine the prior proceedings to ascertain the time when the action was in fact begun.</p> <p>2. -Complaint and Warrant — Waiver of Defects. If upon his arrest for a felony the party charged consents to a con- ■ tinuance, and without objection to the complaint or warrant gives bond to appear at a later date' and answer, he waives all defects in the complaint and warrant and thereafter cannot be heard to say they were insufficient to begin a criminal action against him and arrest the running of the statute of limitations.</p> <p>3. -- Detention for Preliminary Examination — Sufficiency of Complaint and Warrant. A complaint and warrant for a felony which state the date of the offense as “the blank day” or “the-day” of a month and year named are.sufficient to authorize the detention of the party charged until a preliminary examination can be held; and this is true although the prosecution apparently is barred by the statute of limitations.</p> <p>4. Larceny — Property Brought into this State — -Conflict of Laws. In a prosecution under section 285 of the crimes act (Gen. Stat. 1901, § 2286), providing that every person who shall steal or obtain by robbery the property of another in any other state, territory or country, and shall bring the same into this state, may be convicted and punished for larceny in the same manner as if such property had been feloniously stolen or taken within this state, the question whether the property brought into the state was stolen is to be determined by the law of this state.</p> <p>5. - Changing Brands on Cattl