State v. Dilgar

Citations

• 111 Kan. 794
• 208 P. 620
• 1922 Kan. LEXIS 349

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Criminal Law — Aiding an Attempt to Escape from Jail — Sufficiency of Information. An information drawn under section 3564 of the General Statutes of 1915, charging two persons with assisting each other in attempting to escape from jail, sufficient^ charges the legality of the confinement and that each had knowledge that the other was lawfully confined, where the information sets out the charge under which they were confined and were awaiting trial and charges them jointly with the commission of that offense.</p> <p>2. Same — Two Offenses Charged — Motion to Quash Information Denied— No Error. Error in overruling a motion to quash an information which charges two offenses under one statute becomes immaterial where the defendant is tried on one charge only, the jury is instructed on that charge, and the defendant is found guilty thereon, and nothing is said concerning the other charge set out in the information.</p> <p>3. Same — Voluntary Admissions of Guilt by Defendant — Competent Evidence'. Admissions made by one on trial charged with a felony may be introduced against him; and, if those admissions amount to a confession of guilt, they may be introduced against him when it appears that they were voluntarily made.</p> <p>4. Same — Aiding in Attempt to Escape Jail — Incompetent Evidence. Two defendants on trial under a charge of assisting each other in attempting to escape from the jail in which they were both confined may not show the evidence that was introduced on the preliminary examination on which they were held for trial under the charge pending against them at the time they attempted to assist each other to escape.</p>