State v. Elliott

Citations

• 110 Kan. 40
• 202 P. 847
• 1921 Kan. LEXIS 157

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Criminal Law — Information Filed by ‘‘Acting County Attorney” — When Sufficient to Sustain a Conviction. The proceedings examined, and held, an information for felony which was filed by a person other than the county attorney, and which was not challenged in the district court, was sufficient to sustain a conviction, either as the act of a de facto prosecuting attorney, or as the act of a deputy county attorney.</p> <p>2. Same — Information—Larceny of Money — Description of Stolen Property — ■ Evidence. The information charged larceny of three fifty-dollar bills, lawful money of the United States, a more particular description of which was . unknown and could not be given. There was evidence that the bills had been paid and received as cash compensation for services rendered in a real-estate transaction. They were frequently referred to as money by persons who saw them, and they were sufficiently proved to be paper currency, circulating from hand to hand as measure of value and medium of exchange. Held, the evidence was sufficient to sustain the charge.</p> <p>3. Larceny — Value of “Three Fifty-dollar Bills.” It was not necessary to call witnesses to prove the value of the bills.</p>