State v. Bratcher

Citations

• 105 Kan. 593
• 185 P. 734
• 1919 Kan. LEXIS 135

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Criminal Law — Information Charging Burglary and Larceny — Conviction of Grand Larceny Alone. Under an information charging the defendant with burglary, and larceny of property worth more than twenty dollars committed in connection therewith, a conviction of grand larceny may be had.</p> <p>2. Same — Sufficient Evidence. The evidence held sufficient to support a verdict of grand larceny.</p> <p>3. Same — Instructions—Evidential Effect of Certain Evidence. An instruction relating to the evidential effect of the possession of recently stolen property held not to have been prejudicial.</p> <p>4. Same — Instruction as to Burglary and Larceny — Not Prejudicial. On •• a charge of burglary and larceny, the defendant, having been convicted of grand larceny alone, cannot have been prejudiced by an instruction indicating a belief on the part of the trial court that the law recognizes a distinct offense known as “burglary and larceny.”</p> <p>5. Same — Omission to Instruct Relative to Value of Stolen Property— Not Prejudicial Error. The omission, in charging the jury concerning the evidence warranting a conviction of grand larceny, to mention that the stolen property (an Overland automobile) must have been worth at least twenty dollars, is not prejudicial, where it was manifestly worth much more than that and there was no controversy on the subject.</p>