State v. Pollman

Citations

• 109 Kan. 791
• 201 P. 1101
• 1921 Kan. LEXIS 370

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Criminal Law — Forgery—Written Confession of Guilt. On the trial of the president of a bank charged with the crime of forgery, held, upon the facts stated, it was not error to admit in evidence against him a written confession of guilt signed by him, there being no evidence to substantiate the claim that the statement was obtained by promises of immunity or other inducements.</p> <p>2. Same — Errors Assigned Not Revieiuable. Errors occurring at the trial but not urged as grounds for the motion asking a new trial will not be considered on appeal.</p> <p>3. Same — Forgery — Instruction — Intent to Injure or Defraud. In a criminal prosecution on the charge of forgery in the third degree, an instruction is held not improper which charged that it was not necessary for the state to establish that the primary purpose of defendant was to injure or defraud and that his real purpose may have been to benefit himself.</p> <p>4. Same — Secondary Evidence o>f Contents of Forged Instruments When Admissible. In such a case secondary evidence of the contents of the forged instruments is admissible where the state has accounted for the failure to produce the originals by showing that they were turned over to the defendant, who gave them to his brother,- and that- his brother took them outside of the state.</p>