State v. Clough

Citations

• 70 Kan. 510
• 79 P. 117
• 1905 Kan. LEXIS 2

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Criminal Procedure —Information—Instructions. Under an. information which charges the crime of robbery in the first degree, and which includes the crime of robbery in the second degree as well as the crimes of grand largency and petit larceny, it is not error for the trial court to omit instructing the jury as to any one, or all, of such lower degrees of crime included in the charge, when the evidence tends to establish the highest degree of crime charged and does not tend to establish guilt of any lower degree of crime included therein.</p> <p>2. - Omission of Instruction — Arrest of Judgment. Error cannot be predicated on the omission of the trial court to give fuller instructions when the omission is first called to the attention of the trial court after verdict by a motion for a new trial; and such omission is not a proper ground for-a motion in arrest of judgment.</p> <p>3. -Burglary — Forms of Verdict Submitted. When, under the evidence and the instructions, the jury can properly return only a verdict of burglary in the first degree, or a general verdict of “not guilty,” it is not error for the court to omit, or to refuse, to give any other form of verdict than the two appropriate to these findings.</p>