State v. Stephenson

Citations

• 69 Kan. 405
• 76 P. 905
• 1904 Kan. LEXIS 263

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Evidence—Books of Accounts. Where a book of accounts is made up from orders for goods or other temporary memoranda and constitutes the first complete and permanent record of the business, it is admissible in evidence, when verified by the oath of the person making the entries that they are correct and were made at or near the times of the transactions.</p> <p>2. -Name of Book Immaterial— Bookkeeper Need Not Make Sales. The fact that such entries are recorded in a book called a “ledger” does not make them other than original, nor is it necessary that the bookkeeper should have made the sales or billed out the goods sold, to make the. entries admissible in evidence.</p> <p>3. Proper Report of Sales to Bookkeeper. If the sales made be regularly reported to the bookkeeper, and from such reports, or from orders or other temporary memoranda of the salesmen, the entries be correctly and contemporaneously made by him, they may be received in evidence, when duly verified by him.</p> <p>4. Constitutional Law—Indeterminate-sentence Act Upheld. The act providing for the imposition of indeterminate sentences on persons convicted of certain felonies, and authorizing their release, is not unconstitutional because of an infringement upon the judicial power of the courts or the pardoning power of the governor.</p> <p>5. Criminal Procedure—Effect of Motion in Arrest of Judgment. The allowance of a motion in arrest of judgment does not operate as an acquittal of the charge made; it only places the defendant in the situation in which he was before the prosecution was begun.</p> <p>6. False Pretenses—Case Followed. The case of In re Stephenson, 67 Kan. 556, 73 Pac. 62, approved and followed.</p>