State v. Shaw

Citations

• 108 Kan. 781
• 196 P. 1100
• 1921 Kan. LEXIS 267

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Criminal Law — Attempt to Commit Arson — Weight of Evidence. The uncertainty of a witness in the matters to which he testifies only affects the weight to be given to his testimony; it does not affect its competency.</p> <p>2. Same — Conspiracy—Circumstantial Evidence — Acts of Conspirator— Order of Proof. Where a crime has to be established by circumstantial evidence, the order of proof is to be controlled largely by the trial court in the exercise of its discretion, and it cannot always be required that evidence of a conspiracy to commit the crime be completely established before the state may be permitted tó show the acts or conduct of a co-conspirator.</p> <p>3. Same — Evidence•—Verdict—Judgment. The evidence, summarized in the opinion, was sufficient to sustain the verdict and judgment.</p> <p>4. Same — Motive for the Crime Sufficiently Disclosed. The facts established by the state’s evidence sufficiently disclosed defendant’s motive in the perpetration of the crime charged.</p> <p>5. Same — Defendant Properly Convicted of Attempt to Commit Arson. The conviction and judgment of defendant for the crime of attempt to commit arson, under the facts in evidence, do not violate section 2 of the crimes act which forbids a conviction for an attempt to commit a crime when the crime itself is fully perpetrated.</p>