State v. White

Citations

• 111 Kan. 196
• 206 P. 903
• 1922 Kan. LEXIS 201

Syllabus

<p>SYLLABUS BY THE COURT-</p> <p>1. Criminal Law — Fornication—Injormation Charges a Felony. Any person who induces a female person to go from one place to another for the purpose of fornication, although the one place and the other are both within the same city — as from a restaurant to a rooming house, is guilty of a felony under section 319 of the crimes act (Gen. Stat. 1915, § 3646).</p> <p>2. Same — Fornication — Evidence — “Uncorroborated Testimony of Woman.” The statutory requirement that no conviction shall be had under section 319 of the crimes act on the uncorroborated testimony of the woman’ may be satisfied by evidentiary facts and circumstances, not necessarily by eyewitnesses.</p> <p>3. Same — Verdict-r-Variance. In a criminal prosecution, where an instruction of the trial court and the jury’s verdict are at material variance with the criminal charge and likewise at variance with the evidence, and where the appellate court cannot say with assurance that the variance was nonprejudicial, the, judgment must be reversed.</p>