State v. Hayes

Citations

• 98 Kan. 409
• 157 P. 1171
• 1916 Kan. LEXIS 98

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Criminal Law — Disturbing the Peace — Conviction of One Offense Only — No Prejudicial Error. The defendant was convicted in the city court of assault and battery on a complaint charging assault and battery and disturbing the peace. In the district court he was tried and convicted on both charges. At the hearing of the motion for a new trial the verdict was set aside so far as it related to the charge of disturbing the peace and the defendant was sentenced for assault and battery. It is not shown that the defendant made any objection to being tried on both charges or to the evidence or the instructions relating to the charge of disturbing the peace. Held, prejudicial error is not made to appear.</p>