State v. Brown

• Citation: 55 Kan. 611,40 P. 1001
• Parties: THE STATE OF KANSAS v. FRANK BROWN
• Decision Date: 01 July 1895
• Court: United States State Supreme Court of Kansas

40 P. 1001

55 Kan. 611

THE STATE OF KANSAS v. FRANK BROWN

Supreme Court of Kansas

July 1, 1895

Appeal from McPherson District Court.

THE opinion states the case.

Judgment affirmed.

W. J Travis, for appellant.

F. B Dawes, attorney general, and Charles W. Webster, county attorney, for The State

JOHNSTON J. All the Justices concurring.

OPINION

JOHNSTON, J.:

Frank Brown was convicted of grand larceny in the district court of McPherson county, and the punishment adjudged was imprisonment in the penitentiary for a term of one year. In the information he was charged with stealing 55 bushels of wheat, of the value of $ 22, which was the property of E. A. Alger. That a quantity of Alger's wheat was stolen by the defendant appears to have been conceded, and the only contention at the trial seems to have been in regard to the quantity and value of the wheat stolen. The jury found that the defendant stole 51 bushels of wheat, of the market value of $ 20.40.

It is first contended that the court erred in admitting evidence of a confession of the defendant. Alger, the owner of the wheat, was allowed to testify that Brown admitted the stealing of the wheat in question, and that the quantity was about 55 bushels. The confession appears to have been freely and voluntarily made. The defendant was a witness, and admitted not only the taking of the wheat, but also that he made a confession to Alger that he had participated in the theft. He denied, however, that he made a statement to Alger in regard to the quantity of wheat taken. Under these circumstances, no substantial question can be raised on the admission of the confession.

The second objection of the defendant is that he was not permitted to offer evidence as to the market value of the wheat taken. The wheat was taken from the premises of the owner in an open wagon-box, and most of it was carried about 10 miles across the country to the town of Galva. The load appeared to be too heavy for the team, and at two different places wheat was thrown upon the ground. Testimony was introduced tending to show that there were from eight to 10 bushels so left upon the ground, and that when the defendant and his associate reached Galva there remained in the box 45 1/2 bushels, which they sold for 40 cents per bushel. There was testimony to the effect that the wagon-box used was 10 feet long, three feet wide and a fraction over 26 inches deep; and some of the witnesses testified that such a box would hold from 55 to 60 bushels of wheat, depending upon the quality. Wheat of the quality stolen was worth at the neighboring towns from 40 to 42 cents per bushel, and there was testimony offered showing that wheat was worth 40 cents per bushel at the bin or place from which the wheat was taken. The defendant did not offer to prove the market value of the wheat at the bin, but did undertake to prove what it would cost a bushel to haul the wheat from the bin to the nearest railway station. The market value,...