State v. Braden

Citations

• 78 Kan. 576
• 96 P. 840
• 1908 Kan. LEXIS 105

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Criminal Law — Failure to Bring to Trial — Discharge of Defendant. Under section 221 of the criminal code a defendant is not entitled to be discharged until after the end of three terms from the time when the information is filed. Time which passes prior to the filing of an information can not be considered.</p> <p>2. - Verdict Void for Indefiniteness. In a prosecution under section 1 of chapter 105 of the Laws of 1901 (Gen. Stat. 1901, § 4259), a verdict which finds the defendant “guilty of the crime of grand larceny, all as in manner and form charged in the information,” when the information does not charge grand larceny, contains no language intended to describe that offense, does not state any act committed by the defendant nor the value of the property disposed of, is void for uncertainty.</p>