State v. Moon

Citations

• 71 Kan. 349
• 80 P. 597
• 1905 Kan. LEXIS 143

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Grand Larceny — Preliminary Examination — Notice of Offense Charged. A person charged with a felony must take notice from the evidence introduced by the state on the preliminary examination, as well as from the papers in the case, of the nature and character of the offense charged against him, and it is not necessary that such papers be prepared with the fullness of detail and technical accuracy of an information.</p> <p>2. Practice, Supreme Court — Journal Entry Contradicted by Bill of Exceptions. Entries upon the journal of the court showing a waiver of arraignment and plea of not guilty after an amendment of the information had been made will control a recitation in the bill of exceptions indicating that the amendment was made after plea.</p> <p>3. Evidence — Cross-examination—Case Followed. The rule anounced in the case of The State v. Sorter, 52 Kan. 531, 34 Pac. 1036, relating to the cross-examination of its own witnesses by the state in a criminal case, followed and applied.</p> <p>4. Practice, District CouRT-^Reopening Case — New Testimony. The conduct of the district court in this action in opening the case after the evidence had closed, and admitting testimony by a witness- who had been arrested for perjury and confined in jail on account of false swearing when placed on the witness-stand by the state in making its case in chief, approved.</p>