State v. Miller

Citations

• 83 Kan. 410
• 111 P. 437
• 1910 Kan. LEXIS 546

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Criminal Law — Larceny—Accomplice—Notice. In a criminal action, where the defendant is charged with' aiding and abetting another in the larceny of property, an instruction is properly refused which charges that in order to be guilty of the crime of larceny the defendant must have had knowledge that the property stolen was not the property of the person he was aiding and abetting.</p> <p>2. - Instructions — Weighing Testimony of Confessed Accomplice. In such an action, where one of the principal witnesses against the defendant was an accomplice who admitted stealing the property, the failure of the court to instruct the jury that great caution should be exercised in ■ weighing the testimony of an accomplice is not error, in the absence of a request for an instruction of this character.</p>