State v. Chaplain

Citations

• 101 Kan. 413
• 166 P. 238

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Criminal Law — Interpretation of Statute Copied from Another State. When the courts of a state for many years have given their own interpretation to a statute copied from the laws of another state, it is of no importance that such interpretation does not harmonize with the interpretation given to that statute in the state from which it was adopted.</p> <p>2. Same — Embezzlement—Statute Interpreted. Section 3463 of the General Statutes of 1915, which declares that any carrier or other bailee who embezzles property, etc., in his possession shall be guilty of larceny, is intended not only to cover offenses of carriers and bailees of the nature and class of carriers, but is intended also to cover embezzling offenses of any class of bailees, and it covers the offense of a bailee who embezzles a piano left in his custody by its owner.</p> <p>3. Embezzlement — Information—Includes Crime of Larceny. Where a penal statute declares that one who commits embezzlement shall be adjudged guilty of larceny, a charge of embezzlement which also includes an allegation that the defendant “did steal, take and carry away” the article embezzled is not bad for duplicity.</p> <p>4. Trial — No Error in Record. A miscellaneous assignment of minor errors noticed in the opinion which needs no discussion.</p> <p>5. Embezzlement — Trial—Excluded Evidence — No Prejudicial Error. It is not prejudicial error to exclude evidence tending to show that the prosecuting witness and the defendant in a criminal case had conducted negotiations looking toward a satisfaction of the private wrong committed by the defendant against the witness, in consideration for which the witness was to withdraw the charge .of the public offense involved in the same wrong.</p> <p>6. Same — Instructions. Instructions given and refused examined and no errors disclosed therein.</p> <p>7. New Trial — Impeaching Testimony. Rule followed that the belated presentation of impeaching testimony is no