State v. Wolkow

Citations

• 110 Kan. 722
• 205 P. 639
• 42 A.L.R. 265
• 1922 Kan. LEXIS 136

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Criminal Law — Broker’s Assistant May Testify as to Books and Their Contents Kept in Usual Course of Business. A witness who was an assistant in a broker’s office and who was familiar with its record of business transactions may testify that the record was kept in the usual course of business, and may testifj' as to its contents, although she herself did not make the entries in such record.</p> <p>2. Same — Evidence. Other objections to corroborative evidence examined and not sustained.</p> <p>3. Same — Accused Absent from, the State — Committing Crime in This State Through Agent — Instructions. An instruction -touching the criminal responsibility of one who, while absent from the state, commits a crime or participates iñ its commission, by an agent or other means within the state, examined, and held to be a correct and pertinent statement of law, following section 7930 of the General. Statutes of 1915.</p> <p>4. Same. The actual presence of a defendant within the state at the time of the commission.of :a crime with which he is charged is not a prerequisite in fixing his criminal responsibility therefor.</p> <p>5. Same. The antiquated rule that a person who while without the state commits a crime within the state by means of' a guilty agent cannot be prosecuted for such crime but can be prosecuted if he perpetrates the crime by means of an innocent agent, is no part of Kansas .jurisprudence.</p> <p>6. Same. When the state’s admitted theory of a defendant’s participation in a crime committed in this state was that he was personally absent from the state at the time of its commission, the ordinary instruction touching the effect of an alibi was not pertinent, and was properly refused; and held, also, that the instruction given was correct.</p> <p>7. Same — Surplus Matter in Verdict — Not Prejudicial. Some surplus matter in the jury’s verdict of guilty of grand larceny, which specified the means by which the defendant committed the c