In re Spaulding

Citations

• 75 Kan. 163
• 88 P. 547
• 1907 Kan. LEXIS 30

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. LARCENY — Degree of Offense — Value of Property Taken. On an information charging a defendant in the same count with burglary and larceny, if the charge of burglary be dismissed and he be convicted of the larceny, the degree of larceny must be determined by the value of the property taken, unless such taking be grand larceny or subject to punishment as such without regard to value.</p> <p>2. • — - Fads Constituting Petit Larceny. In such a case, where the property taken is articles of wearing apparel of the value of three dollars, and the articles are taken from a “box car” placed at the side of a railroad'track and “used as a tool and supply house,” the offense is petit larceny.</p> <p>,3. Habeas Cobpus — Unauthorized, Judgment and Sentence. Under the facts of this ease the judgment and sentence of the court are unauthorized by law and are void, and section 5167 of the General Statutes of 1901 does not forbid inquiry into the same in a habeas corpus proceeding.</p>