State v. Hoerr
Supreme Court of Kansas
Appeal from Marshall district court. STATEMENT. This appeal is from a conviction for breaking into and stealing from the Beattie State Bank. The crime was committed a little before three o’clock on the morning of November 8, 1910, by five armed men, who broke into a rear door of the building, blew open the safe, and took away about $3500 in money. A part of the burglars stationed outside the building fired occasional shots while others worked inside.
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Appeal from Marshall district court. STATEMENT. This appeal is from a conviction for breaking into and stealing from the Beattie State Bank. The crime was committed a little before three o’clock on the morning of November 8, 1910, by five armed men, who broke into a rear door of the building, blew open the safe, and took away about $3500 in money. A part of the burglars stationed outside the building fired occasional shots while others worked inside. Several explosions occurred. The evidence tended to prove the following facts: After the firing ceased the robbers were seen going northward,…
1Opinion of the Court
The opinion of the court was delivered by
Benson, J.:
The appellant .presents fifty-six assignments of error. Eight of these assignments are upon rulings made on challenges to jurors. Several jurors stated their belief that the bank had been robbed. This was a notorious fact that citizens of the county must necessarily have believed, accompanied as it was by a fusilade and explosions. It was not disputed in the evidence and was proved beyond possible doubt. An opinion that the burglary had been committed did not, therefore, disqualify. (The State v. Spaulding, 24 Kan. 1; The State v. Stewart,…
2Cases cited9 opinions
- State v. StewartSupreme Court of Kansas · 1911
- State v. SpauldingSupreme Court of Kansas · 1880
- State v. MorrisonSupreme Court of Kansas · 1903
- State v. TruskettSupreme Court of Kansas · 1911
- State v. HammonSupreme Court of Kansas · 1911
4 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- State v. StewardSupreme Court of Kansas · 1976
- State v. ByrneMontana Supreme Court · 1921
- State v. WheelerSupreme Court of Kansas · 1913
- State v. VettereMontana Supreme Court · 1926
- State v. McDonaldSupreme Court of Kansas · 1920
9 more not listed; retrieve them via the Exa API.