(DOWNLOAD) "State v. Jakeway" by Supreme Court of Kansas # eBook PDF Kindle ePub Free
eBook details
- Title: State v. Jakeway
- Author : Supreme Court of Kansas
- Release Date : January 11, 1976
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
The opinion of the court was delivered by Appellant, Louis Herald Jakeway, appeals from a conviction of felony theft (K.S.A. 21-3701). The theft consisted of taking a currency and coin collection, two rings and other items from the place of business of Lawrence Deaver in Garden City, Kansas. Appellant is the former son-in-law of Deaver. The facts in evidence will be developed as we consider the respective specifications of error raised by appellant Jakeway. Appellant contends that his conviction should be reversed because he was not formally arraigned as required by K.S.A. 22-3205. When the appellant and his attorney appeared before the district court on April 15, 1975, the court was advised that a copy of the information had been delivered to appellant. However, appellant's attorney requested and was granted a continuance to prepare for argument on a motion to suppress evidence. The arraignment and the motion to suppress were set for May 30. Later, this setting was postponed to June 25, at the request of defendant's counsel. On that date the motion to suppress was heard and overruled and a jury trial date was set for August 18 and later continued to September 16. The appellant took part in the trial proceedings which began on that date and no objection was lodged because of the lack of formal arraignment until after the verdict was entered. Apparently arraignment had been overlooked by the county attorney and the trial court proceeded with the trial as if a plea of not guilty had been formally entered.