State v. Alexander

Citations

• 66 Kan. 726
• 72 P. 227
• 1903 Kan. LEXIS 124

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Robbery — No Variance. The information in this case charged ■' robbery in the first degree in the taking from the person of another, by force and violence, a lady’s gold watch and chain. The proof showed the watch to be a lady’s gold-filled-case watch. Held, no variance.</p> <p>2. - Extent of Injuries Admissible. The evidence relied on to sustain the charge of robbery was circumstantial. It was not error to show the extent of the injuries inflicted on the person robbed for the purpose of showing that force and violence were used in the commission of the robbery.</p> <p>3. Criminal Practice — Disagreement of Jury — Former Jeopardy. The record of a former trial reads: “The said jury by order of the court were brought into open court, and it appearing to the court that the said jury are unable to agree upon a verdict, and that there is no reasonable probability of their being . able to agree upon a verdict, they are discharged from further consideration of this case.” This record sufficiently shows a disagreement of the jury, and a plea of former jeopardy based thereon was properly overruled.</p>