State v. Pigg

Citations

• 80 Kan. 481
• 103 P. 121
• 1909 Kan. LEXIS 97

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Preliminary ExAMiNATiON-Jhwposes — Effect of Waiver on Introduction of Evidence. The purpose of a preliminary examination is threefold: (1) To inquire concerning the commission of crime and the connection of the accused with it, in order that he may be informed of the nature and character of ,the crime charged against him, and, if there be probable cause for believing him guilty, that the state may take the necessary steps to bring him to trial; (2) to perpetuate testimony; (3) to determine the amount of bail which will probably secure the attendance of the accused to answer the charge. The right of the state to introduce evidence at a preliminary examination can not be defeated by the accused waiving an examination.</p> <p>2. - Court of Topeka — Jurisdiction. The act creating the court of Topeka (Laws 1899, ch. 129) confers upon the judge of that court the power and jurisdiction of a justice of the peace in preliminary examinations of persons accused of felony.</p> <p>3. - Transcript — Subsequent Attestation. Where the clerk of a city court has failed to sign the certificate attached to the transcript of a preliminary examination held before the judge of such court it is proper for the district court to permit the certificate to be amended by having the clerk attach his signature.</p> <p>4. Larceny — Identification of Property. In a prosecution for larceny, where the money described in the information and claimed to have been stolen is introduced in evidence and exhibited to the jury, it is not necessary that the particular bills should be identified as the ones described in the information.</p> <p>5. - Judicial Notice of Value of Money. Courts take judicial cognizance of the value of money. In a prosecution for the larceny of certain United States treasury notes and national bank notes, where the particular bills which it is claimed were stolen are offered in evidence, proof of their value is unnecessary.</p> <p>é. - Title of St