State v. Browning

Citations

• 94 Kan. 637
• 146 P. 1145
• 1915 Kan. LEXIS 141

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Prosecution — Cruelty to Animals — Several Counts in Informed tion — Error Not to Require State to Elect Transaction Relied Upon for Conviction Under Each Count. In a prosecution for cruelty to animals upon an information containing many counts and where testimony was introduced tending to prove several distinct and substantive offenses on each charge it is the duty of the court, upon the motion of the defendant, to require the state to elect upon which act or omission it . will rely for a conviction on each count, and the overruling of the motion made by defendant herein is held to be reversible error.</p>