State v. Phillips

Citations

• 106 Kan. 192
• 186 P. 743
• 1920 Kan. LEXIS 483

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Larceny — Names of Witnesses Indorsed on Information During Trial. After the state had rested and the defense had moved for a discharge, the county attorney asked permission to indorse on the information the name of a witness and put him on the stand, stating that he had no knowledge of his name until after the jury had been brought into the box; that he was informed of the materiality of his testimony, but was unable to get his name, and did not learn it until the permission was asked. The trial court granted the request, which was before the defense had introduced any testimony, counsel making no request for time or claim of surprise. • Held, not error.</p> <p>2. Same — Value of Stolen Property — Judicial Notice. This court will not assume to be more ignorant than everybody else, but will take judicial notice of the fact, which everybody else knows, that a five-passenger Ford touring car, 1918 model, used six weeks, and sold, by the parties who stole it, for $200, was worth more than $20.</p> <p>3. Same — Evidence — Nonconsent. The testimony sufficiently showed nonconsent of the owner and the guilt of the defendant.</p>