State v. Toliver

Citations

• 109 Kan. 660
• 202 P. 99
• 20 A.L.R. 502
• 1921 Kan. LEXIS 342

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Burglary — Information—Distinction between Grounds of Motion to Quash. A motion to quash an information for burglary, on the ground the facts stated do not constitute a public offense, raises the question whether all ingredients of the crime are present, but does not raise the question whether details, not of the substance of the offense, but which good pleading requires should be stated, are present.</p> <p>2. Same — Name of Owner of Building Omitted. An information for burglary may be sufficient as against a motion to quash on the ground no offense is stated, although the name of the known owner of the building be not disclosed.</p> <p>3. Same — Breaking and Entering Store — Ownership of Store — Properly Laid in Occupant of the Store. Under the statute of this state, making it burglary to break and enter, in the nighttime, with felonious intent, a store in which goods are kept, the essence of the crime is violation of the security of the occupancy. The person injured is the one who occupies the,store by keeping goods there, and ownership of the store is properly laid in such occupant.</p> <p>4. Same — Information—Ownership of Store Alleged to be in a “Company.” In an information for burglary of a store and for larceny committed in connection with the burglary, ownership of the store and goods was alleged to be in “The Durnil Dry Goods Company.” Held, it was not necessary further to identify the owner by stating whether the company were a corporation or a partnership.</p> <p>5. Same — Instruction to Jury — Individual Responsibility of Jurors. Under the facts stated in the opinion, it was not prejudicial error to omit to give, upon request, a monitory instruction concerning the individual responsibility of. each juror in determining what the verdict should be.</p> <p>6. Same — Fact Established Beyond Dispute. The proceedings considered, and held, the court did not err in instructing the jury that the crime of burglary had been est