State v. Dunn

Citations

• 66 Kan. 483
• 71 P. 811
• 1903 Kan. LEXIS 86

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Pickpockets — Title of Act Sufficient. Section 1 of chapter 105, Laws of 1886 (Gen. Stat. 1901, §2373), providing that whoever shall unlawfully pick the pockets of another, or unlawfully take from the person of another any personal property, with intent to steal the same, shall upon conviction thereof be deemed guilty of felony, contains but one subject, viz., depredations against personal property in corporal possession of another, without violence or putting in fear, which subject is expressed with sufficient clearness by the title, “An act to punish pickpockets.”</p> <p>2. -Extradited for Bobbery — Bobbery Includes PocleetpicMng. One who has been brought from another state into the jurisdiction of a district court of this state under a charge of robbery by force and violence to the person may be tried and convicted under an information charging larceny from the person and pocket, without first being given time and opportunity to return to such other state, since the latter crime is included in the former.</p> <p>3. -Docket Entry of Justice of the Peace. In a docket. entry of a justice of the peace relating to the preliminary examination of a person charged with crime, which recites that the-offense of “pocket-picking or larceny from the person ” had been, committed, the word “or” is not used disjunctively, but indicates the synonymy of the terms preceding and following it.</p> <p>i. ■- Information — Duplicity. Section 1 of the act relating-to pickpockets describes but one offense, committable by acts, which may extend to the pocket in one instance and to other portions of the person in another, and an information under it, charging a defendant with larceny from the person and pocket of another in a single transaction, discloses but a single violation of law and is not bad for duplicity.</p>