State v. Lewark

Citations

• 106 Kan. 184
• 186 P. 1002
• 1920 Kan. LEXIS 482

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Receiving Stolen Property — Sufficient Information. An information charging the receiving of stolen goods need not státe where the original theft occurred.</p> <p>2. Receiving Stolen Automobile — Admission of Certain Evidence No Ground for Reversal. In a prosecution for knowingly receiving a • stolen automobile, evidence was given that it was discovered in the garage of the defendant by policemen who were there serving a search and seizure warrant issued under the prohibitory law, and that they also found some liquor. It is held that it was proper to show the errand that brought the officers to the premises, and that the admission of the evidence of the finding of the liquor could not be a ground of reversal, because it was not specifically attacked by objection made to its admission or by a motion to strike it out.</p> <p>8. Same — In a prosecution for knowingly receiving a stolen automobile, testimony that the appearance of the engine number showed that it had been changed is not objectionable as stating a conclusion, where the witness describes its appearance as fully as reasonably practicable, specifying that file marks were visible and portions of the original figures still legible. Nor is such testimony objectionable as not being the best evidence, for the rule that the omission to produce a writing must be satisfactorily accounted for before secondary evidence of its contents is admissible does not apply in such a case, or at all events it applies no further than the trial court in its discretion may see fit to enforce it.</p> <p>4. Same — Evidence Supports Findings. The evidence is held to have been sufficient to support findings that the defendant knew the caito be a stolen one, and that he received it in the county charged. It was not necessary to prove that he had absolute knowledge of the theft, or was advised as to from whom or when and where the larceny had taken place — merely that from the circumstances he must hav