State v. Brandon
Supreme Court of Kansas
Appeal from Saline District Court. Brandon was tried upon an information charging him, in the same count, with the two offenses of burglary and grand larceny. The jury returned a verdict of guilty of grand larceny. On his motion the judgment was arrested, and he was discharged. The State appeals, pursuant to the authority contained in the following section of the code of criminal procedure, (Q-en.
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Appeal from Saline District Court. Brandon was tried upon an information charging him, in the same count, with the two offenses of burglary and grand larceny. The jury returned a verdict of guilty of grand larceny. On his motion the judgment was arrested, and he was discharged. The State appeals, pursuant to the authority contained in the following section of the code of criminal procedure, (Q-en. Stat., 865:) “ Sec. 283. Appeals to the supreme court may be taken by the State in the following cases, and no other: JFirst, Upon a judgment for the defendant, on quashing or setting aside an…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
The defendant was charged in the court below with burglary and larceny. He was tried for both offenses, but was found guilty of larceny only. After *109conviction he moved the court to arrest the judgment for the following reasons: First, That the facts stated do not constitute a public offense; s'scoñd, that the verdict of the jury in the ease is an acquittal of the defendants; third, that the verdict does not convict him of any offense described in the information.” The court sustained the motion, discharged the defendant, and. rendered a…
2Cited by5 opinions
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