The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-11-11

$3.50 AkesSSeA VI x031 es0I0t4 Al ssk7&
scres Of land near Humboldt, EanssS.
mat ma Work Brother 9 GO: rot from z
the land In controversy.
Johr ston, G. J.. Asson. ;. ana Smith, J.,
Porter. J.. Benson. J. and Yves, :. Ola.
senting. - '
Attest: D. A. VALENTINE.
tseaLJ Clerk Supreme Court
No. la7n-
Appellee,
Exscnt.iz Of the Estate OF Alfred I.
Miller. Deceased, Appellant
Appeal from Labette County.
REVERSED
syllabus By the Court. Johnston. c. J.
cision OF probate court refusing to an
point an administrator and grant ad-
minlstratton. OF the estate Of q nonresident
interstate where the decision IL based uDon
the ground that such intestata left no
property in the state to be administered.
,. The situs OF shares Of capital stock
In Kansas corporation owned by one
who was q resident Of another state at
the time OF his death for purposes Of ad-
mintstration II at the domicile OF the
decedent rather than in the state in
which the corporation is organized and
mas its place OF business.
Burch. J.. Porter, J.. Benson. J.. and
West. J.. concurring.
Johnston. c. J., Mason, J., and Smith. J..
dissenting.
A true copy.
Attest: d. A. VALENTINE
u6eaAll Clerk Supreme Court
No. ,757. $50
The State Of Kansas. Appellee.
James Harris. Appellant.
appeal from Usage County.
AFFIRMED.
syllabus. BY the Court. West. ].
l. An information alleging the use Of
| certain instrument to procure the abor-
ton or miscarriage OF q woman pregnant
with a vitalized embryo. not necessary
or medically advised to be necessary to
preserve her life. resulting in her death,
Charges crime which would be murder
at the common law and which is man
slaughter in the first degree under Sec
sec. sec. 2soS. '''' - ''''es S''' ''en' ''a' ls'''
2. The averment that such instrument
abortion or miscarriage renders it unnec-
essary to a1lege that 1t was without a de-
sign to effect death. the presumption In
FAVOR OF the defendant being sufficient to
negative an intent more malevolent and
criminal than the one expressly charged.
= Although such instrument was used
purpose of procuring an abortion or mia
carriage, still such use and purpose being
immoral. vtolative of the law Of nature
deliberate in character reckless Of Iife
and necessarily attended with danger to
the mother and likely seriously to injure
| her.-if her death result the common law
person
using such instrument guilty OF her MUIR
der regardless OF whether she was preg-
nant with a quick child or with a vital
lied embryo.
An the justices concurrine.
Attest: D. A. VALENTINE.
lSeaLJ Clerk Supreme Court.
| No. 1890
The state of Kansas. Appellant,
| vs.
Charles Hecht, Appellee,
Appeal from Shawnee County
| Second Division.)
AFFIRMED.
| syllabus By the Court. Benson T.
l. The statute providing for the dis
charge Of a defendant who is not hrouThA
e cnrt e ffs the END Of the third term
luaL1ieo by exceptions therein excluding
from its operation q delay happening up0n
ms Application or occasioned by want Of
time to try the cause at such third term,
(Gen Stat. 1903. sec. 6S00) The latter
clause refers to the time that can be rea-
s SsifS ay o gixsn for the trial! consistent
oiligent dispatch Of business.
a continuance was ordered at the
fnird tern; held after the information had
Sontinuance was ordered because Of the
illness Of the county attorney which pre.
term: Notwithstendinss this findiax the the
district court did not err in considering
anidavits at the next term upon a mo-
tcrmine the fact whether the illness OF ths
county attorney At the third term left suf-
fiSient time to try the cause within the
Mason, j.. Smith, J., Porter, J., West. j..
concurxins.
Benson, J.. Johnston. c. J., and Burch,
| J., u.ssenting.
A true copy.
Attest: D: A. VALENTINE.
lseaLJ Clerk Supreme Court
No. 1862.