State v. Roselli

Citations

• 109 Kan. 33
• 198 P. 195
• 1921 Kan. LEXIS 70

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Homicide — Robbery—Information Charged, Murder in the First Degree Without Stating It Was Committed in Perpetration of Robbeiy The defendant and a companion entered a merchant’s store, and proceeded to rob him. While the robbery was in progress, the defendant’s companion shot and killed the merchant. Held, it was permissible to charge the defendant with murder in the first degree, by an information in the common form, without stating the murder was committed in'perpetration of robbery.</p> <p>2. Same — Evidence Proved Charge in the Information. Evidence showing the murder was committed in perpetration of robbery sustained the allegations of the information.</p> <p>3. Same — Not Necessary to Allege Conspiracy to Rob or Murder. It was not necessary the information should charge conspiracy between the defendant and his companion to rob or to murder.</p> <p>4. Same — Murder in Connection with Robbery. Robbery is a crime of violence used ■ or threatened. It is a matter of common knowledge, derived from human experience, that a display of personal violence to accomplish robbery normally tends to the taking of life; and if, in execution of a common purpose of two persons to rob, one of them murder the victim, the other is guilty of murder.</p> <p>5. Same — Cross-examination of Accused — On Subjects Involving Him in Degradation and Disgrace. On cross-examination of the defendant, who was a witness in his own behalf, he was properly interrogated with respect to (a) subjects embraced in his direct examination; (6) the subject of his own criminal record; (c) the subject of his relation to robbers and other criminals who made his place of employment their rendezvous; and (d) subjects involving him in degradation and disgrace, although not pertaining to the robbery and homicide for which he was on trial, and although pertaining to the commission of other crimes.</p> <p>6. Same — Evidence of Reputation of Defendant’s Place of Business. In rebut