State v. Cole

Citations

• 93 Kan. 819
• 150 P. 233
• 1915 Kan. LEXIS 30

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Crime — Larceny in the Nighttime — Insufficient Evidence. The evidence in this case is legally insufficient to justify a conviction of the felony charged, to wit: that the alleged larceny was committed in the nighttime.</p> <p>2. Same — Footprints—Insufficient Alone to Justify Conviction. Footprints of horses, if they correspond to those which would be made by the horses probably driven, and footprints of men, if they correspond to those which would be made by the shoes probably worn by the accused, are admissible as identifying evidence, yet alone are inadequate to justify a conviction of a crime. “</p>