State v. Gallamore

Citations

• 83 Kan. 412
• 111 P. 472
• 1910 Kan. LEXIS 547

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Information — Duplicity. Sections 38 and 42 of the crimes act (Gen. Stat. 1909, §§2526, 2530) each contains but one offense. A count, therefore, in an information which contains the language of one of these sections only is not bad for duplicity.</p> <p>2. Evidence — Entries on Police Judge’s Docket by Acting Officer. Where a justice of the peace is acting as police judge, as provided 'by section 1428 of the General Statutes of 1909, the entries on his docket are proper evidence to show the proceedings had in a case pending before him the same as if he were the regular police judge.</p> <p>3. Instructions — -Refusal—Material Portions Given Elsewhere. The refusal to give an instruction requested will not be held erroneous where the material portions of such instruction are elsewhere given.</p> <p>4. - Applicability to the Issues. An instruction will not be deemed erroneous where, there is evidence which applies to the law stated therein and justifies the finding of the jury thereunder.</p>