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State v. Wilson

State of Kansas, Appellee, v. Earl Wilson, Appellant

State v. Wilson, 357 P.2d 823 (Kan. 1960)
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Court
Supreme Court of Kansas · State Highest Courts
Decided
December 10, 1960
Docket
No. 42,065
Judges
Per Curiam
Citations
357 P.2d 823187 Kan. 4861960 Kan. LEXIS 455

Opinion — Per Curiam

Per Curiam:

This is a capital case in which the death sentence has been stayed by this court during defendant’s appeal to the *487 court. Appellant has now filed a motion to dismiss his appeal. In a similar situation, this court speaking through Mr. Chief Justice Harvey, said in State v. Miller, 165 Kan. 228, at 238 , 194 P. 2d 498 :

“Prior to that time appellant’s counsel filed a motion to dismiss the appeal. This motion was denied, for, as we interpret our statute (G. S. 1935, 62-2414), when a case of this kind has been appealed and the execution of appellant has been stayed pending the appeal, the judgment of the trial court should be affirmed or reversed. If affirmed this court must appoint a day certain and order the execution of the sentence of the trial court. If the judgment of the trial court is reversed this court would order a new trial, or that the defendant be discharged.”

We think that G. S. 1949, 62-2414, applies to all capital cases where the death sentence has been imposed and the trial court’s judgment is still in force.

The motion to dismiss is denied upon the above authority.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1962: 11964: 11966: 119622026peak 1962 · 1

Relies on it most ⓘ

  1. Andrews v. Hand372 P.2d 559 (Kan. 1962)
  2. State v. Mooneyham390 P.2d 215 (Kan. 1964)
  3. State v. Hasty410 P.2d 318 (Kan. 1966)

Most recent

  1. State v. Hasty410 P.2d 318 (Kan. 1966)
  2. State v. Mooneyham390 P.2d 215 (Kan. 1964)
  3. Andrews v. Hand372 P.2d 559 (Kan. 1962)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
State v. Miller, 194 P.2d 498 (Kan. 1948) 15

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