State v. Ricksecker

Citations

• 73 Kan. 495
• 85 P. 547
• 1906 Kan. LEXIS 281

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Criminal Law — Information—Election of Counts. Where an information contains several counts, intended to charge the same substantial offense in different ways, and their allegations are not inconsistent, it is ordinarily not error for the trial court to refuse to require the state to elect upon which one it will rely for a conviction.</p> <p>2. - Verdict — Sufficiency. In such a case a verdict of guilty which fails to refer to any specific count is sufficient, and will be regarded as a finding of guilty upon all of them.</p> <p>3. -Evidence Admissible under One Count — Defective Counts. In such a case, if all the evidence introduced would have been admissible under one count, which states a public offense, the fact that one or more of the other counts may fail to do so, or may fail to bring the case within the operation of the particular statute under which they are drawn, is not fatal to the conviction.</p> <p>4. - One Good Count — Instructions. Where an information contains one good count, and several others which repeat its allegations, with others which are unnecessary and do not change the character of the offense, a conviction will not be disturbed on account of any failure to instruct upon such additional matters, where no prejudice results to the defendant with respect to his trial upon such good count.</p> <p>5. Evidence — Judicial Notice. The courts will take notice without proof that a municipality is a city of the second class, where it has been made such under the statute by a public proclamation issued by the governor.</p>