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Supreme Court of Kansas· 12/12/1914

State v. Rice

Citations

  • 93 Kan. 589
  • 144 P. 1016
  • 1914 Kan. LEXIS 475

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Burglary — Unexplained Possession of Stolen Goods. Proof that a burglary was committed and that the stolen goods were shortly thereafter found in the possession of the accused, when considered in connection with all the other facts and circumstances of the case, including his failure satisfactorily to explain such possession, will sustain a conviction of burglary.</p> <p>2. Same — Conviction of Burglary in the Nighttime — Insufficient Evidence. The defendant was convict.ed of burglary in the nighttime without evidence showing at what time the offense was committed. Burglary in the daytime being the lesser of the two offenses, the presumption in favor of the appellant is that it was committed in the daytime, and for this reason the judgment is reversed and a new trial ordered.</p>

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • “weight of authority is that proof that a burglary was committed, and that goods were then and there stolen, and shortly thereafter found in the possession of the accused, will sustain a conviction”

Source: CourtListener parenthetical corpus (CC0).

Judges: Porter

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Cited by

15 cases in this archive cite this case.

Cites

7 cases in this archive are cited by this case.

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