State v. Startzman

Citations

• 111 Kan. 136
• 205 P. 1026
• 1922 Kan. LEXIS 192

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Criminal Law — Information—Larceny of Domestic Fowls — Instructions—Conviction of Grand Larceny — Indeterminate Sentence. An' information charged the taking of domestic fowls in the nighttime and of the value of sixty dollars. The court instructed that if the property taken was domestic fowls of the value of twenty dollars or more, or if they were taken in the nighttime the offense would be grand larceny; if their value was less than twenty dollars and they were taken in the daytime, the offense would be petit larceny, and that there might be a conviction for either grand larceny or petit larceny. There was a verdict finding defendant guilty of grand larceny. The evidence was sufficient to show that the defendant took and carried away domestic fowls of the value of sixty dollars. Held, that the verdict was sufficient to sustain a judgment of conviction of grand larceny and a sentence to the state penitentiary for not less than one year nor more than five years, and that there was no prejudicial error in overruling a motion to set the verdict aside for its failure to state the value of the property taken and to specify whether the larceny occurred in the nighttime.</p>