State v. McKinney

Citations

• 76 Kan. 419
• 91 P. 1068
• 1907 Kan. LEXIS 280

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Criminal Procedure — Failure to Admonish Jury — Discharge —Acquittal. Where the court sustains defendant’s objection to proceeding further with a criminal trial in which testimony ' has been taken because of the failure of the court to admonish ' the jury before a separation, and discharges the jury, such discharge will be deemed to have been made with the defendant’s consent and will not operate as an acquittal nor bar a further prosecution.</p> <p>2. Larceny — Evidence—Possession of Property Recently Stolen. The possession of property recently stolen does not warrant the inference that the person in whose possession such property is found is guilty of larceny. It is the unexplained possession which constitutes prima facie evidence of the offense.</p> <p>3. -Proof Inadequate to Sustain a Conviction. The evidence examined and held to be insufficient to sustain a conviction.</p>