State v. Gill

Citations

• 63 Kan. 382
• 65 P. 682
• 1901 Kan. LEXIS 156

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Criminal Law — Verification of Information-. The fact that an information charging an offense was verified positively by a private person, and upon information and belief by the county attorney, does not weaken the charge or operate to the prejudice of the defendant; nor does it make the information subject to a motion to quash for indefiniteness.</p> <p>2. -Allegation and Proof of Time. The state is not required to prove that an offense was committed on the particular day named in the information, but may show that it was committed at any time within two years next preceding the time of the filing of the information.</p> <p>3. -Presumption of Knowledge of Offense Charged. In the absence of a showing to the contrary, it will be presumed that the prosecuting witness or county attorney has knowledge of the offenses charged, established by the evidence, or relied on for conviction.</p> <p>4. —-■ Instruction after Argument — Waiver by Defendant. After the jury had been instructed and the argument had been concluded, the court gave to the jury an additional instruction, over the'objection of the defendant, who admits that the instruction stated the law correctly, but complains that there was no opportunityJ,to make an argument as to the application of the same to the evidence. Held, that, as there was no request to make additional argument, the defendant is in no position to complain that such opportunity was not given.</p>