State v. Bundy

Citations

• 71 Kan. 779
• 81 P. 459
• 1905 Kan. LEXIS 231

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Practice, District Court — Amendment of Information. An information may be amended as to matters of substance or form before the defendant pleads; but after that time it can only be amended as to matters of form, and not then unless it can be done without prejudice to the rights of the defendant.</p> <p>2. Intoxicating Liquors — Nuisance—Defective Information. A charge of maintaining a nuisance under the prohibitory liquor law, wherein there is no concurrence in the time of keeping the place and the time of doing the acts in the place necessary to constitute an offense, is defective; and an amendment alleging that all the acts were contemporaneous is a matter of substance, and to allow it to be made after the plea of the defendant has been entered and the jury impaneled and sworn is material error.</p> <p>3. Criminal Law — Indorsing Names of Witnesses. No prejudice was sustained by the defendant because some witnesses for the state, whose names had not been indorsed on the back of the information, were permitted to testify, where the testimony of such witnesses taken in an inquest before the county attorney in regard to the offenses charged against the defendant was attached to, and filed with, the information.</p> <p>4. - Instructions. It is a proper practice to give the written instructions in a criminal case to the jury, and permit them to be taken to the jury-room for the consideration of the jury while deliberating upon their verdict, but in the absence of any request for the instructions or special necessity therefor the failure to send the instructions to the jury-room is not reversible error.</p>