State v. Dunn
| Decision Date | 07 March 1903 |
| Docket Number | 13,285 |
| Citation | 66 Kan. 483,71 P. 811 |
| Parties | THE STATE OF KANSAS v. EDWARD DUNN |
| Court | Kansas Supreme Court |
Decided January, 1903.
Appeal from Wyandotte district court; E. L. FISCHER, judge.
Judgment affirmed.
SYLLABUS BY THE COURT.
1. PICKPOCKETS -- Title of Act Sufficient. Section 1 of chapter 105, Laws of 1886 (Gen. Stat. 1901, § 2373) providing that whoever shall unlawfully pick the pockets of another, or unlawfully take from the person of another any personal property, with intent to steal the same, shall upon conviction thereof be deemed guilty of felony, contains but one subject, viz., depredations against personal property in corporal possession of another, without violence or putting in fear, which subject is expressed with sufficient clearness by the title, "An act to punish pickpockets."
2. PICKPOCKETS -- Extradited for Robbery -- Robbery Includes Pocket-picking. One who has been brought from another state into the jurisdiction of a district court of this state under a charge of robbery by force and violence to the person may be tried and convicted under an information charging larceny from the person and pocket, without first being given time and opportunity to return to such other state, since the latter crime is included in the former.
3. PICKPOCKETS -- Docket Entry of Justice of the Peace. In a docket entry of a justice of the peace relating to the preliminary examination of a person charged with crime, which recites that the offense of "pocket-picking or larceny from the person" had been committed, the word "or" is not used disjunctively, but indicates the synonymy of the terms preceding and following it.
4. PICKPOCKETS -- Information -- Duplicity. Section 1 of the act relating to pickpockets describes but one offense, committable by acts which may extend to the pocket in one instance and to other portions of the person in another, and an information under it, charging a defendant with larceny from the person and pocket of another in a single transaction, discloses but a single violation of law and is not bad for duplicity.
E. A. Enright, county attorney, and B. S. Smith, for The State.
F. E. Burroughs, and Hale & Maher, for appellant.
OPINION
A judgment of conviction was rendered against Edward Dunn in the district court of Wyandotte county, in a prosecution under section 1, chapter 105, Laws of 1886 (Gen. Stat. 1901, § 2373), which reads as follows:
"Whoever shall unlawfully pick the pockets of another, or unlawfully take from the person of another any personal property, with intent to steal the same, shall upon conviction thereof be deemed guilty of felony, and be punished by imprisonment in the state penitentiary for any term not exceeding four years."
The title of the act is "An act to punish pickpockets," and it is contended that the law is invalid under section 16 of article 2 of the constitution, providing that no bill shall contain more than one subject, which shall be clearly expressed in its title. Bouvier's Law Dictionary defines the word "pickpocket" as follows:
The subject of legislative consideration clearly was depredations against personal property in corporal possession of another, without violence or putting in fear;...
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