In re Gano

Citations

• 90 Kan. 134
• 132 P. 999
• 1913 Kan. LEXIS 174

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Habeas Corpus — Former Jeopardy■ — Error Must be Corrected on Appeal. Ordinarily an error committed in overruling a plea of former jeopardy does not entitle the prisoner to a discharge in habeas corpus, but it must be corrected on appeal.</p> <p>2. Acquittal of Burglary — No Defense to Subsequent Charge of Larceny. The petitioner was prosecuted upon an information charging him, in a single count, with breaking-and entering a building used as a shop and dwelling house with intent to steal, and also with stealing certain property found therein. Before the commencement of the trial a motion of the petitioner to quash the information was sustained as to the charge of larceny and overruled as to burglary. After the trial had begun on the charge of burglary the petitioner renewed his motion • to quash that charge, which was sustained and the jury discharged. Subsequently a second information was filed on the same charge, under which the petitioner was convicted of larceny.. His plea of former jeopardy was overruled. Held, that the commencement of the trial on the charge of burglary, if jeopardy did then attach, was not a bar to a prosecution for larceny, which is an independent and separate offense.</p>