State v. Dreany

Citations

• 65 Kan. 292
• 69 P. 182
• 1902 Kan. LEXIS 43

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Criminal Law — Information Charging Conspiracy — Joint Defendants. In an information charging a criminal conspiracy in the entering into an agreement in restraint of trade, and in restraint of competition in trade, and pooling and fixing the price of an article of trade or commerce, it is necessary to aver the names of all parties to such conspiracy known to the prosecution, * but it is not essential to the sufficiency of the information that all such parties be jointly charged with the commission of the offense.</p> <p>2. -Peremptory Challenges by Joint Defendants — Challenges by The State. Each defendant jointly tried on a criminal charge is entitled peremptorily to challenge the number of jurors permitted by statute in such case, but the number of peremptory challenges allowed the state is .not thereby augmented, .but remains the same whether the number of defendants on trial is one or many.</p> <p>3. - Rights of Defendant on Trial — Private Stenographer. A defendant placed upon his trial, charged with the commission of a crime, is entitled to a fair and impartial public trial, to be represented by counsel, and to the services of a clerk or stenographer to assist such. counsel in the preparation of the defense, if desired by the defendant, and it is error to deprive a defendant of such right.</p> <p>4. -,-Parol Evidence — Contents of Paper in Possession of Defendant. Upon a prosecution for a criminal conspiracy in restraint of trade or commerce, or in restraint of competition in trade or commerce, or in pooling and fixing the price of an article of trade or commerce, parol evidence is admissible to prove the contents of a written agreement alleged to have been entered into in furtherance of such conspiracy, when the existence and execution of such agreement has been established, and it is shown that such agreement is not in the possession, or under the control, of the prosecution and the state cannot secure or compel its produc