State v. Hibbard

Citations

• 76 Kan. 376
• 92 P. 304
• 1907 Kan. LEXIS 271

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Criminal Law — Election of Offenses. Where, in a criminal prosecution based upon an information containing but one count, the evidence shows several acts committed by the defendant any one of which might be tfie basis of a conviction, and the state being required to elect between them designates a particular transaction as that upon which it will rely for that purpose, a defendant who at a subsequent trial files a motion to require another such election cannot complain that in pursuance of the order of the court sustaining such motion .the prosecutor elects to stand upon a different offense from that first indicated.</p> <p>2. - Change of Venue — Transcript of the Record. Where a change of venue is ordered’ in a criminal case the jurisdiction of the court to which the action is sent for trial does not depend upon the transmission of a complete transcript of the record. Any failure of the clerk to comply fully with the statute in that regard can be corrected upon order of such court.</p>