State v. Kagi

Citations

• 105 Kan. 536
• 185 P. 62
• 1919 Kan. LEXIS 124

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Criminal Law — Change of Venue■ — Local Prejudice — Prejudice of Judge. The record examined, and held that there was no error or abuse of discretion in refusing a change of venue on the ground of prejudice in the minds of the inhabitants of the county, nor on the ground of prejudice of the judge of the district court.</p> <p>2. Same — Larceny—Verdict of Guilty — Sufficient Evidence. In a prosecution for larceny, the evidence is examined, and held sufficient to sustain a verdict of guilty.</p> <p>3. Same — Larceny—Unexplained Possession of Stolen Property — Instructions. An instruction that the unexplained possession of stolen personal property shortly after the property is stolen is prima facie evidence that the possessor is the thief, and that it is for the jury to say from the testimony whether the personal property described in the information was stolen, and if it was stolen, was it found in the possession of the defendant recently thereafter, and if it was so found, is it now explained or unexplained by the defendant, is held to state the rule fairly; both to appellant and the state.</p> <p>4. Same — Explaining Verdict — Testimony of Jurors Inadmissible. Following The State v. Johnson, 99 Kan. 850, 163 Pac. 462, held that the testimony of members of the jury as to what transpired in the jury room, and what they understood by their verdict of guilty, furnished no ground for the granting of a new trial.</p>