State v. Coover

Citations

• 69 Kan. 382
• 76 P. 845
• 1904 Kan. LEXIS 261

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Criminal Procedure—Amendment of Information. An information charging in one count the crime of burglary and grand larceny, and containing in its caption and body the name of defendant, was amended after the jury had been impaneled and sworn by inserting in the body thereof the name of defendant, where, by a clerical error, it had been omitted. Held, that such amendment went to the form, and not to the substance, of the information, and was authorized by section 72 of the criminal code (Gen. Stat. 1901, §5513), and that defendant was not prejudiced thereby.</p> <p>2. -Limitation of Review upon Appeal. Where upon the trial objection is made to the admission of testimony upon a ground which is held insufficient, upon appeal this court will not consider any other ground for such objection. (Edmondson v. Beals, 27 Kan. 656.)</p> <p>3. Grand Larceny—Money Properly Admitted in Evidence. Where in a charge of grand larceny the greater part of the property stolen was money in coin of small denominations—nickels and dimes—it is not error to introduce in evidence money of the kind and denominations stolen, which is shown to have been in the possession of defendant soon after the crime was committed, though not identified as the specific money stolen, the same being offered with other circumstantial evidence tending to show defendant’s guilt.</p>