State v. Wright

Citations

• 103 Kan. 584
• 175 P. 381
• 1918 Kan. LEXIS 328

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>'1. Misdemeanor — Information—Proof—Variance Not Fatal. A variance between the evidence and an unnecessary and immaterial allegation in an information charging a misdemeanor will not compel a reversal of a judgment of conviction.</p> <p>2. Same — Damming Surface Water — Overflowing Highway. Consent of township officers that a dam may he constructed by the side of a public highway, by a property owner, so as to prevent surface water from flowing over his land, does not give a right to maintain the dam after sections 4050 and 8806 of the General Statutes' of 1915 took effect, where the dam causes such water to cover the road and interfere with travel thereon.</p>