State v. Richmond

Citations

• 96 Kan. 600
• 152 P. 644
• 1915 Kan. LEXIS 444

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Fraudulent Representations — Conspiracy to Defraud Corporation— Information Charges but One Offense. An information charging in one count that defendants conspired together to defraud a corporation, and by fraudulent representations, which are set forth, obtained from it its bank check, by means whereof they obtained a certain sum of money and thereby defrauded the corporation, charges but one offense.</p> <p>2. Same — Information Sufficiently Definite and Certain. The information in this case is held sufficiently definite and certain to enable defendant to learn the exact nature of the offense charged.</p> <p>3. Same — Evidence—Statements of Coconspirator Admissible. Where the state offers evidence which tends to support its claim that a conspiracy to commit a felony continued to exist for the purpose of concealing evidence of the offense charged, the acts and declarations of one conspirator in furtherance of the conspiracy or while it continues are admissible against a coconspirator.</p> <p>4. Same — Trial—Attempt to Corrupt Jury — No Abuse of Judicial Discretion. The sound discretion of the trial court must determine what is the proper course when in the progress of a criminal trial it is brought to the court’s attention that an attempt has been made to corrupt the jury. On the facts stated in the opinion, it is held that there was no abuse of discretion in denying defendant’s motion to discharge the jury.</p>