[Download] "State v. Anderson" by Supreme Court of Kansas # Book PDF Kindle ePub Free
eBook details
- Title: State v. Anderson
- Author : Supreme Court of Kansas
- Release Date : January 06, 1955
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
The opinion of the court was delivered by Duane H. Anderson, found guilty of perjury as denounced by G.S.
1949, 21-701 and 54-105, his motion for new trial denied, and
sentenced to the state penitentiary for a period not exceeding
seven years, appeals to this court alleging errors in matters
hereafter discussed. The record discloses little dispute of fact and the contentions
made by the appellant are of law. Although shown in detail in the
testimony, we need not review acts precedent to the following: On
August 5, 1953, Duane H. Anderson, a deputy sheriff, appeared
before Gerhard Haase, judge of the county court, as a result of
which Haase prepared a complaint reciting "Duane Anderson being
duly sworn, on oath says that on or about the 1st day of August,
1953 . . . Gilbert Libby did then and there unlawfully,
feloniously and willfully . . .": 1. Operate a car on the public
highway while under the influence of intoxicating liquor; 2.
Drive in excess of certain speed limitations; 3. Drive in such
manner as to indicate wanton disregard for the safety of persons
or property; and 4. Transport in said vehicle upon the public
highways ". . . alcoholic liquors in which the original cap or
seal had been broken and which was accessible to the driver or
other persons in said vehicle . . ." After the complaint was
prepared it was executed under circumstances later mentioned. As
a result of the complaint, a warrant was issued and Libby was
arrested. At his trial the state dismissed as to counts two and
three of the complaint and Libby's motion to quash count four was
sustained. Later in a civil action with which we need not now
concern ourselves, it appeared that as to matters [178 Kan. 324]
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