State v. Bell

Citations

• 109 Kan. 767
• 201 P. 1110
• 1921 Kan. LEXIS 363

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Criminal Law — Larceny of Automobile — Evidence. The evidence tending to establish the guilt of a defendant charged with the theft of an automobile examined, and held to justify the overruling of defendant’s demurrer to the state’s evidence.</p> <p>2. Same — Evidence — Possession of Stolen Automobile. The evidence which tended to show that the car had been in the possession of the defendant shortly after it was stolen until he delivered it to a confederate to be sold, examined, and held sufficient to prove the fact of such possession although no eyewitness thereto was produced by the state.</p> <p>3. Same — Evidence—Dies for Altering Numbers of Engine Competent. Where the numbers on an automobile engine of a stolen ear are altered after the theft, it is admissible in evidence to show that dies for altering such engine numbers had been seen at the home of the defendant.</p> <p>4. Same — Larceny of Automobile — No Error in Rulings on Evidence.Error cannot ordinarily be predicated by a defendant in a criminal case on the admission of evidence to which he makes timely objection, when his objection is promptly sustained and the jury is directed to disregard such evidence.</p> <p>5. Same — Larceny—Possession of Stolen Automobile — Instructions. The instructions touching the evidential significance attaching to the possession of recently stolen property examined, and held to be a correct statement of pertinent law.</p> <p>6. Same — Larceny of Automobile — Defendants Recent Possession — Burden of Proof. When the state has established a prima facie case against a defendant charged with larceny, and a part of the state’s case is the proof of defendant’s recent possession of the stolen property, the defendant is under the necessity of combating that prima facie case by a reasonable and creditable explanation of his possession of the property consistent with his innocence, and his failure to make such explanation subjects him to the risk of c