State v. Curry

Citations

• 74 Kan. 624
• 87 P. 745
• 1906 Kan. LEXIS 112

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Criminal Law — Former Jeopardy — Amendment of Record of Former Trial. A'plea of former jeopardy was based upon the failure of the record of a former trial to show affirmatively that the jury were discharged for the reason that the court found they were unable to agree. Before the plea was heard the court made an order correcting the record so as to speak the truth, and as corrected it showed that on the former trial the court inquired of the jury and upon their answers found they could not agree. Held, first, that the court possessed ample power to correct its record in accordance with the fact; second, that upon the amended record the plea was properly overruled.</p>