In re Broadhead

2 Citing cases

  1. State v. Pruett

    213 Kan. 41 (Kan. 1973)   Cited 30 times
    In Pruett, the deputy county attorney moved to amend the information to charge the defendant with escape from custody, a misdemeanor, acknowledging he had been incorrectly charged with a felony.

    (p. 17.) In support of this position the court cites State v. Wilson, 24 Kan. 189; State v. Wells, 54 Kan. 161, 37 P. 1005; State v. Snelling, 71 Kan. 499, 80 P. 966; In re Broadhead, 74 Kan. 401, 86 P. 458; Foley v. Ham, 102 Kan. 66, 169 P. 183; and State, ex rel., v. Court of Coffeyville, 123 Kan. 774, 256 P. 804. In State v. Finch, 128 Kan. 665, 280 P. 910, we stated that the power effectively to control a prosecution involves the power to discontinue, if, and when, in the opinion of the prosecutor in charge this should be done.

  2. State v. Kilpatrick

    201 Kan. 6 (Kan. 1968)   Cited 25 times
    Hanging by the neck is not cruel and unusual punishment

    The county attorney is the representative of the state in criminal prosecutions, and as such he controls these prosecutions. He has the authority to dismiss any charge or to reduce any charge. He can prosecute against one defendant if he so chooses, and he can decide not to prosecute against another defendant. (See, State v. Wilson, 24 Kan. 189; State v. Wells, 54 Kan. 161, 37 P. 1005; State v. Snelling, 71 Kan. 499, 80 P. 966; In re Broadhead, 74 Kan. 401, 86 P. 458; Foley v. Ham, 102 Kan. 66, 169 P. 183; and State, ex rel., v. Court of Coffeyville, 123 Kan. 774, 256 P. 804.) The equal protection of the law guaranteed by the Fourteenth Amendment to the United States Constitution does not embrace the situation here presented.