State v. Patterson

Citations

• 66 Kan. 447
• 71 P. 860
• 1903 Kan. LEXIS 80

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Criminal Practice — Irrelevant Matter in Information. It is not absolutely essential that irrelevant matter, ordered to be disregarded, should be obliterated from an information, or that the information be redrafted, when such matter consists of consecutive clauses whose emasculation does not confuse the remaining charge, and the record furnishes the means of applying the order so that its precise effect is disclosed.</p> <p>2. Embezzlement — City Officer — Allegation of Intent. Thestatute not having added in specific words an intent to defraud to the description of the crime of embezzlement by an officer of a city, and having left such intent to be derived from the words “embezzle or convert to his own use,” intent to defraud need not be averred in specific words in an information for such crime.</p> <p>3. -Insufficient Plea in Abatement. An allegation in a plea in abatement, that the defendant “has never had any preliminary examination as required by law for the offense charged,” states a conclusion of law and not an issuable fact.</p> <p>4. - Insufficient Plea in Bar — Former Acquittal of Forgery. In a criminal action against a city treasurer for embezzling and fraudulently converting to his own use money of the city which came into his hands by virtue of his office, a demurrer is properly sustained to a plea alleging the acquittal of the defendant of the charge of forging entries in his books of account with intent to defraud the city; and objections to the introduction in evidence of the defendant’s books containing such entries, and to testimony regarding transactions of the city to which such entries were ascribed, were properly overruled.</p> <p>5. - Money Collected from Liquor-sellers. In an action of embezzlement against a city treasurer for the fraudulent conversion of money which came into his hands by virtue of his office, it is no defense that he collected such money from persons engaged in unlawful traffic in intoxi