State v. Bell

Citations

• 107 Kan. 707
• 193 P. 373
• 1920 Kan. LEXIS 153

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. False Representations — Obtaining Money — ¡Separate Felonies May Be Charged in One Information. In a prosecution for fraudulently obtaining money by false representations made by defendant to several purchasers of the capital stock of an oil company, the several offenses so committed may be charged in separate counts of a single information, and a trial and conviction may be had and sentences imposed upon such counts as the proof sustains, although each of the counts charges a separate and distinct felony.</p> <p>2. Same — Evidence—Not Prejudicial. Several errors assigned on the admission of testimony examined, and held not to be prejudicially erroneous.</p> <p>• S. Same — Separate Transactions — Election by the State — Judicial Discretion. A court is vested with some discretion in the matter of requiring the prosecution to elect upon which of several transactions mentioned in the testimony it will rely for a conviction, and it is only to be done in'furtherance of justice1 and where the evidence is such as to make it necessary. Held, that under the evidence herein there was no occasion for requiring an election.</p> <p>4. Same — Instructions Not Prejudicially Erroneous. Several of the instructions given and about which complaint was made are held to be without prejudicial error.</p> <p>5. Same — Penalties Need Not Be Stated to Jury. As the jury has nothing to do with assessment of punishment for offenses in this state, there is no necessity for the court to instruct a jury as to the penalties that may be imposed for offenses.</p> <p>6. Same — Evidence Sustains the Verdict. The evidence examined and held to be sufficient to uphold the verdict of the jury!</p>