State v. Thurston

Citations

• 77 Kan. 522
• 94 P. 1011
• 1908 Kan. LEXIS 298

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>■ 1. Information — Arson—Allegation of Ownership of Property. An information which, in addition to the formal parts, charges “that on or about the 26th day of November, 1906, in the night-time, in said county of Ellis and state of Kansas, Leonard Stanton, Philip Thurston, Chet Thurston, Frank Thurs-ton, and Clarence Clarkson, did then and there unlawfully, feloniously, wilfully and maliciously set fire to and bum a certain frame building, to wit, a chicken-house, situated on the southwest quarter of section 11, township 11, range 17, in Ellis county, Kansas, the property of R. G. Pinch,” is sufficient as against a motion to quash the same on the ground that it does not sufficiently state the ownership of the property.</p> <p>2. Criminal Procedure — Presence of Defendant — Right Waived. While a person indicted or informed against for a felony has the -right to be personally present at every step of the trial on such charge, he may waive that right; and if while at liberty on bond he is voluntarily absent, without having been excused by the court, when the jury are brought into court at their request, after they have retired to consider their verdict, and the court then permits a portion of the evidence, which had been delivered in the presence of the defendant, to be read from the stenographer’s notes, he will be deemed to have waived such right, and a new trial will not be granted by reason of the absence of the defendant during such reading.</p>