State v. Bowman

Citations

• 80 Kan. 473
• 103 P. 84
• 1909 Kan. LEXIS 96

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Criminal Law — Plea in Abatement — Waiver. Where a defendant-in a criminal action files a plea in abatement, and when arraigned and required to plead to the information pleads not guilty,- without calling attention to the plea in abatement and without referring to it in any manner, and without objection goes to trial upon the issue of his guilt, he thereby waives such plea in abatement.</p> <p>- 2. Forgery — Separate Counts — Allegations of Warrant — Estoppel. Where a warrant upon which a preliminary examination was waived charged in one count the forging and uttering of' a bank check, the county attorney properly filed an information charging such offenses in separate counts, and was not precluded from doing so by the fact that he had previously filed an information in the same case charging the defendant. • with the forgery of the check only, such first information having been quashed on motion of. the defendant.</p> <p>3. -Instrument Considered in Evidence. The testimony-concerning the introduction in evidence of an alleged forged check examined, and it is held, that the check was properly considered and treated as being in evidence.</p> <p>4. Practice, District Court — New Trial — Affidavits of Jurors-.Impeaching Verdict. In considering a motion for a new trial the court properly excluded that part of the affidavit of jurors impeaching their verdict upon grounds essentially necessary to consider in making up the verdict. (The State v. Horne,. 9 Kan. 119.)</p>