State v. Frey

Citations

• 111 Kan. 798
• 208 P. 574
• 1922 Kan. LEXIS 350

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Larceny — Theft of Harness — Clerical Error in Descriptive Words in Information — Not Prejudicial. In a prosecution for grand larceny for the theft of a set of harness belonging to a farmer, a clerical error in the legal description of the owner’s farm according to the United States survey, is immaterial. Such error may be disregarded as surplusage, or corrected by amendment during the trial as mere matter of form under section 72 of the criminal code; and where there is no showing that defendant was misled or prejudiced thereby, no trial error can be based thereon.</p> <p>2. Same — Evidence—Genuineness of Signature. The rule of the criminal code, section 216, which provides that the testimony of three expert witnesses is requisite to prove the genuineness of a note, bill, draft, certificate of deposit or other similar writing is limited to crimes wherein the genuineness of the note or writing is itself the subject of the crime and a vital question involved therein; and has no application to crimes in which such-note or writing is not primarily involved, and where it is a mere item of evidence tending- to establish a crime which has no relation to such note or writing.</p> <p>3. Same — Evidence Supports Verdict and Judgment. The evidence examined and held sufficient to identify the stolen harness and to justify the verdict and judgment.</p> <p>4. Same — Immaterial Remarks of Trial Judge. On appeal, it is of no consequence that before the jury rendered its verdict the trial court expressed serious doubt as to the sufficiency of the evidence to establish the defendant’s guilt; although if such doubt had persisted in the trial court’s mind after the verdict was rendered it would have been its duty to set the verdict aside and grant a new trial.</p>