58 Kan. 502 | Kan. | 1897
The defendant was charged by information with the crime of robbery. Upon the trial in the court below he filed a plea in abatement alleging that he had not been accorded a preliminary
In addition to the transcript and warrant spoken of, the defendant also offered in evidence, in support of his plea, a paper marked “ amended warrant,” dated October 19, 1896, reciting the commission of robbery by him, together with an officer’s return showing the defendant’s arrest and the bringing him before the magistrate on the same day for trial. This amended warrant did not show, when offered in evidence, that .it had been filed by the justice of the'peace ; but the justice, being present in the court-room, was allowed by the court to indorse on the back of such warrant a
• “When there shall not be jurors enough present to form a panel in any cause, the court may direct the sheriff or other officer to summon a sufficient number of persons having the qualifications of jurors to complete such panel from the bystanders or from among the neighboring citizens, and the officer shall summon the number so ordered : Provided, That in case either party to such cause, by himself or his attorney, shall so. request it, it shall be the duty of the judge of such court, to select such jurors and. cause a venire to issue for the same, naming the jurors so selected therein as hereinbefore provided.”
•In the case of Trembly v. The State (20 Kan. 116), 'the question rais'ed by appellant as to the competency
The claims of error above noticed are the only ones made in the case. They are not valid, and the sentence of the court below will therefore be affirmed.