State v. Miller

Citations

• 84 Kan. 667
• 114 P. 855
• 1911 Kan. LEXIS 392

Syllabus

<p>HEADNOTE BY THE REPORTER.</p> <p>1. Larceny — Accomplice—Notice—Instructions. On the trial of an accomplice for larceny it was error not to instruct that if the defendant acted innocently, believing he was aiding another in taking the latter’s own property, he was not guilty, that being the only defense and there being substantial evidence to support it.</p> <p>2. Instructions — One Requested Sufficient to Challenge Court’s Attention. Although a requested instruction was faulty, it was sufficient to challenge the court’s attention to the only defense relied upon, and a correct statement of the law relating to such defense should have been given.</p>