State v. Mooney

Citations

• 93 Kan. 353
• 144 P. 228
• 1914 Kan. LEXIS 437

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Criminal Law — Burglary and Larceny May be Charged in One Count. Under section 72 of the crimes act (Gen. Stat. 1909, § 2560) burglary and larceny may be charged in one count, and an information thus drawn is not subject to motion to quash or to require separate counts.</p> <p>2. Same — Burglary and Larceny — Freight Car — Evidence—Seal Record. In the trial of the defendant, charged with burglary and larceny in a freight car, the state introduced in evidence a seal record made and kept in the usual way by the railroad company to show that the car was sealed, the employee who had made the entry in such record not being present at the trial. Held, that an objection on the ground that such record was hearsay and secondary, and therefore incompetent, was properly overruled.</p> <p>3. Same — Burglary and Larceny Separate Offenses — No Compound Offense of Burglary and Larceny. There is no offense known to our statutes consisting of both burglary and larceny, but each is a separate offense although both be committed at the same time and place. Hence an instruction that the charge of burglary and larceny in a freight car embraced three offenses — burglary, larceny, and the offense of burglary and larceny — was erroneous, and the verdict rendered pursuant thereto finding the defendant guilty of the offense of burglary and larceny as charged in the information, and not guilty of the offense of burglary, and not guilty of the offense of larceny from a freight car as charged in the information, was not one upon which the defendant could be rightfully sentenced.</p>