State v. McCullough

Citations

• 101 Kan. 52
• 165 P. 644
• 1917 Kan. LEXIS 14

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Criminal Law — Information—Motion to Quash Properly Denied. Rule followed that an information charging a criminal offense can not be quashed for a mere formal defect which does not prejudice the substantial rights of the defendant.</p> <p>2, Same — Information—Amendment During Trial — Judicial Discretion. Rule followed that an information may be amended during the trial on mere matters of form, at the discretion of the court, when the rights of the defendant are not prejudiced thereby.</p> <p>S. Same — Information—Defective in Form — Properly Amended. In the text of an information the prosecuting attorney gave his name and official title, but at the conclusion of the charge his official title alone appeared and his signature was inadvertently omitted: Held, the defect was one of form, and the information could not be quashed for such defect, and the county attorney’s signature could be supplied, with leave of court, at any time during the trial.</p>