State v. Miller

Citations

• 74 Kan. 667
• 87 P. 723
• 1906 Kan. LEXIS 119

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Criminal Law — Sale of Mortgaged Personalty — Proof of Intent to Defraud Essential. Proof of a purpose to defraud is essential to a conviction under section 4259 of the General Statutes of 1901, forbidding the sale of mortgaged personal property without the written consent of the mortgagee, and in a prosecution under such section an instruction is erroneous which undertakes to enumerate all the elements of the offense and makes no mention of the wrongful intent of the defendant.</p> <p>2. -Fraudulent Concealment — Allegation and Proof — Variance. Where an information charging the fraudulent concealment of mortgaged personal property describes the mortgage as one executed by the defendant and his wife to secure a note signed by them, and the evidence shows that while the mortgage was signed by both, and included an assumption of liability for any deficiency, the note secured was signed by the defendant alone, the variance is not material, no prejudice being shown.</p> <p>3. - Complaint — Warrant—Separate Counts. It is not required that different felonies prosecuted upon the same complaint and warrant shall be therein stated in separate counts.</p>