State v. Wilson

Citations

• 66 Kan. 472
• 71 P. 849
• 1903 Kan. LEXIS 84

Syllabus

<p>SYLLABUS BY THE COUKT.</p> <p>1. Burglary and Laboeny — Description of Money. An information for burglary and the larceny of $1933, in which the money taken is alleged to consist of about $1400 in bank-bills, treasury notes, gold and silver certificates, about $380 in gold coins, about 115 one-dollar silver pieces, and the remainder of the $1933 to consist of subsidiary coins' — all current, lawful money of the United States — is sufficient in charging the value of the property taken.</p> <p>2. -Instruments and Tools as Evidence — Instructions. Instrumentalities which it was claimed by the state had been employed in the commission of a crime were produced at the trial and used by witnesses for the state before the jury to illustrate their evidence and explain the manner in which the crime might have been committed, but when offered' in evidence they were excluded because not properly identified and connected with the commission of the offense. Held, that the court erred in refusing to instruct the jury to disregard such instrumentalities and all evidence based thereon in determining the guilt or innocence of the defendant.</p>