State v. Otto
Supreme Court of Kansas
Appeal from Clark district court; Francis C. Price, judge. STATEMENT. ■ The appellant was convicted of grand larceny. At the trial one George Dugan was called as a juror and examined under oath touching his qualifications to sit in the case.
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Appeal from Clark district court; Francis C. Price, judge. STATEMENT. ■ The appellant was convicted of grand larceny. At the trial one George Dugan was called as a juror and examined under oath touching his qualifications to sit in the case. He testified, in answer to questions propounded by the county attorney, that he had heard a statement of the facts in the case, but that he had never heard anybody go into detail very much about it; that he had talked with no witness or persons in interest or attorneys ; that he could not say he had heard enough to form any opinion, and had not formed…
1Opinion of the Court
The opinion of the court was delivered by
Smith, J.:
At the trial it was claimed by the state that a large part, if not all, of the cattle shipped by the appellant from Englewood to Kansas City, con-*62sis ting of one car-load, were stolen. Several witnesses testified in support of this contention. Bearing on this, the court gave an instruction to the jury that the defendant could not be convicted of larceny of any other cattle than the ones mentioned in the information. The prosecution proceeded on the theory of a conspiracy between the defendant and his accomplice, Theodore Wolfley, to steal…
2Cases cited5 opinions
- State v. BeuermanSupreme Court of Kansas · 1898
- State v. MillerSupreme Court of Kansas · 1882
- State v. BeattySupreme Court of Kansas · 1891
- State v. StartSupreme Court of Kansas · 1899
- State v. SnodgrassSupreme Court of Kansas · 1893
3Cited by8 opinions
- Turner v. StateCourt of Criminal Appeals of Oklahoma · 1910
- Tegeler v. StateCourt of Criminal Appeals of Oklahoma · 1913
- State v. MorrisonSupreme Court of Kansas · 1903
- Middleton v. StateCourt of Criminal Appeals of Oklahoma · 1919
- State v. HammonSupreme Court of Kansas · 1911
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