State v. Ready
| Decision Date | 06 December 1890 |
| Citation | 26 P. 58,44 Kan. 697 |
| Parties | THE STATE OF KANSAS v. ROUGH READY |
| Court | Kansas Supreme Court |
Appeal from Shawnee District Court.
PROSECUTION for robbery. Trial at the April term, 1890, Hon. A. H. VANCE judge pro tem., presiding; verdict of guilty; sentenced to fifteen years in the penitentiary. The defendant Ready appeals.
Judgment affirmed.
James J. Hitt, for appellant.
L. B Kellogg, attorney general, for The State.
OPINION
An information was filed against one Rough Ready, charging that on the 15th day of February, 1890, and within the jurisdiction of the district court of Shawnee county, he --
"Did then and there unlawfully and feloniously make an assault on one Wm. Glaze, and did then and there unlawfully and feloniously and by violence overcome and put in fear, and from the person of him, the said Wm. Glaze, did then and there unlawfully, feloniously, by violence and against his will, take, steal and carry away, of the property of the said Wm. Glaze, thirty-five dollars lawful money of the United States, a more particular description of which said money is unknown to this affiant, and cannot be given, of the value of thirty-five dollars," etc.
Trial at the April term, 1890. The jury returned a verdict of guilty, "as charged in the information." A motion for a new trial was made and overruled, and the defendant brings the case here for review.
I. The first objection made is to the sufficiency of the information, because the description of the property taken is indefinite; and the cases of The State v. Tilney, 38 Kan. 714, and The State v. Segermond, 40 id. 107, are invoked in aid of the objection. These cases hold that general descriptions of the property taken, such as "national bank notes," "United States treasury notes," "United States silver certificates," "money of the amount and value of one thousand dollars," and "twenty-five dollars in money," without any allegation of the inability of the prosecutor to give a more specific description, are insufficient and fatally defective. It is almost universally held by courts of last resort everywhere, that where there is an allegation in the indictment or information that a more particular description could not be given for some sufficient reason, that a general one, as contained in this information, is sufficient.
II. It is also insisted that the county attorney could have given a better description of the money taken than was recited in the information, if he had exercised ordinary diligence. This is a question of fact that we are not required to...
To continue reading
Request your trial
-
State v. Uhler
... ... v. State, 113 Ga. 699, 39 S.E. 295; State v ... Oliver, 20 Mont. 318, 50 P. 1018; 18 Enc. Pl. & Pr ... 1217; 22 Cyc. 332; People v. Colburn, 105 Cal. 648, ... 38 P. 1105; People v. Ah Sing, 95 Cal. 654, 30 P ... 796; Anderson v. State, 28 Ind. 22; State v ... Ready, 44 Kan. 697, 26 P. 58; State v. Barnett, ... 3 Kan. 250, 87 Am. Dec. 471; Com. v. Tanner, 5 Bush, ... 316; State v. Devine, 51 La.Ann. 1296, 26 So. 105; ... State v. Henry, 47 La.Ann. 1587, 18 So. 638; ... State v. Perley, 86 Me. 427, 41 Am. St. Rep. 564, 30 ... A. 74, 9 Am. Crim ... ...
-
State v. Lucas
...degree of precision in the description of the money that was taken in a robbery. (State v. Tilney, 38 Kan. 714, 17 P. 606; State v. Ready, 44 Kan. 697, 26 P. 58; State v. Collins, 79 Kan. 411, 99 P. 817; State v. Ferron, 122 Kan. 845, 253 P. 402; State v. Ross, 152 Kan. 495, 105 P.2d 879.) ......
-
State v. Wainwright
...P.2d 473; Schuchmann v. Kansas City, 156 Kan. 282, 284, 133 P.2d 132; State v. Hilbish, 126 Kan. 282, 284, 267 P. 1109; and State v. Ready, 44 Kan. 697, 700, 26 P. 58. Defendant next contended the trial court erred in overruling his objection to the county attorney's endorsing certain witne......
-
Armer v. Nagels
... ... account of partiality on the part of one of the jurors unless ... this is clearly made to appear. See State v. Ready, ... 44 Kan. 697, 700, 26 P. 58, also State v. Gardner, ... 126 Kan. 803, 271 P. 280, also State v. Zakoura, 145 ... Kan. 804, 68 P.2d ... ...