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189 Kan. 561

State v. Cole

Supreme Court of Kansas

Decided April 7, 1962

Supreme Court of Kansas · decided 1962-04-07

Cited by 1 later decisions — most recently December 1962

1 state decisions

Relies on Greenwald v. Maryland · Eastern Air Lines, Inc. v. Civil Aeronautics Board · Ramsey v. Hand

Good law ✅— No negative treatment on recordhow we know

Decided 1962-04-07

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Per Curiam:

¶1This appeal from an order correcting a journal enry in a criminal proceeding raises two questions.

¶2First, was the original and concededly incomplete journal entry susceptible of correction? Second, are the corrections made by the court below in accordance with the events which took place in the original proceeding?

¶3The power of a court to correct its records by supplying missing details to the facts therein recited was firmly established in Wilson v. Hudspeth, 165 Kan. 666, 198 P. 2d 165, certiorari denied, 335 U. S. 909, 93 L. ed. 442, 69 S. Ct. 410, rehearing denied, 336 U. S. 911, 93 L. ed. 1075, 69 S. Ct. 511; Ramsey v. Hand, 185 Kan. 350, 343 P. 2d 225, certiorari denied, 362 U. S. 970, 4 L. ed. 2d 901, 80 S. Ct. 956; Tafarella v. Hand, 185 Kan. 613, 616, 617, 618, 347 P. 2d 356, certiorari denied, 363 U. S. 807, 4 L. ed. 2d 1150, 80 S. Ct. 1243; Moses v. Hand, 188 Kan. 317, 362 P. 2d 80. The court below has fulfilled the standards for correction set forth in the foregoing cases.

¶4As to the second question, there is nothing before this court which would indicate that the district court made its order of correction other than in accordance with its records of the original proceeding.

¶5It follows the decision of the district court must be affirmed and it is so ordered.

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