State v. Hobl

Citations

• 108 Kan. 261
• 194 P. 921
• 1921 Kan. LEXIS 28

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Criminal Law — Amendment of Information Before Trial. In a criminal action, before the commencement of the trial, an information may be amended in a matter of substance, after the defendant has pleaded not guilty.</p> <p>2. Same — Preliminary Examination — Findings of Justice of Peace— Included Forgery. Where a justice of the peace on a preliminary examination finds that the “offenses of forgery and of obtaining money by false pretenses, as charged in the complaint and warrant has been committed, and that there is probable cause to believe the defendant guilty of their commission,” the county attorney may file an information charging the defendant with forgery.</p> <p>3. Same — Plea in Abatement — Claim of Defective Record of Preliminary Examination not Sustained. In a criminal action, on the trial of a plea in abatement alleging that the defendant had not had any preliminary examination, it is not error to refuse to admit evidence tending to show that some days after the preliminary examination had been held there was no record of that examination on the docket of the justice of the peace, if the complaint and warrant on which the preliminary examination was held and a transcript of the proceedings before the justice of the peace are on file in the district court.</p> <p>4. Same — In such a case it is not error to overrule a plea in abatement.</p> <p>5. Same — Forgery—Uttering and Passing Forged Paper — Sufficiency of Information. An information drawn under section 3515 of the General Statutes of 1915 is not fatally defective because it does not allege that the forged instrument was passed, uttered or published as true, where the information contains substantially those allegations.</p> <p>6. Same — Refusal of Instructions — Not Error. It is not error to refuse to give instructions requested where they concern an offense that is not charged in the information on which the defendant is being tried.</p> <p>7. Same — Information—For