State v. Johnson

Citations

• 70 Kan. 861
• 79 P. 732
• 1905 Kan. LEXIS 62

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Assault — Information Properly Amended. An information charging that an assault was made with “knives and clubs” was amended, by permission of the court, before the defendant pleaded, by adding “and an umbrella. ” Held, that such amendment is authorized by section 72 of the code of criminal procedure. (Gen. Stat. 1901, §5513.)</p> <p>2. Practice, District Court — Affidavit for Continuance. A statement in an affidavit for continuance that due diligence has been used to obtain the evidence is not such a showing as is required by the statute; facts must be shown, and not conclusions stated.</p> <p>3. Assault — Owe Offense Charged. An information charged that the defendant made an assault upon two named persons “with certain deadly weapons, to wit, large-bladed knives and clubs and an umbrella,” with an attempt to kill them. Held, that but one offense was thereby charged.</p> <p>4. -Motions Properly Denied. An assault committed upon two or more persons at the same time by the same act, with the same intent, constitutes but one crime, and an indictment charging such assault is not subject to a motion to quash because of duplicity, or to a motion separately to state the offenses.</p> <p>5. '-Plea in Abatement Properly Overruled. A preliminary examination was had upon a warrant charging a felonious assault upon-Bert. The information thereafter filed in the district court charged that the assault was made upon Joseph Burt. Held, that a plea in abatement because the defendant had had no preliminary examination was properly overruled.</p>