State v. Shaw

Supreme Court of Kansas October 7, 1905

State v. Shaw, 72 Kan. 81 (Kan. 1905)

82 P. 587; 1905 Kan. LEXIS 312

Smith

Opinion of the Court

The opinion of the court was delivered by

Smith, J.:

That the instrument is a subject of forgery and that the information states sufficient facts are questions hardly open for discussion; The State v. Foster, 30 Kan. 365, 2 Pac. 628, and The State v. Lee, 32 Kan. 360, 4 Pac. 653, are decisive and seem to be in point.

The warrant upon which the defendant was arrested and upon which he was tendered a preliminary examination charged him with two crimes — the forging of the check, and the transfer of the same for a valuable consideration to Ben A. Blackwell, with intent to defraud.

Whatever may be the rule in regard to trials, it must be conceded that any number of felonies may be inquired into at one preliminary examination. The defendant may even be held to answer for an offense not charged in the warrant. (Gen. Stat. 1901, § 5495.)

While the facts are not so fully set forth in the war*84rant as they are in the information, it is not requisite. Enough, however, appears in the warrant to apprise the defendant that he was charged with feloniously transferring the check, and, defendant having waived a preliminary examination thereon, the county attorney was thereby authorized more fully to charge this crime in the information. The plea in abatement thereto is not good.

We have examined the alleged errors occurring on the trial, and do not find any by which the defendant could be prejudiced. The judgment of the district court is affirmed.

All the Justices concurring.

Reference

Full Case Name: The State of Kansas v. Edd Shaw
Cited By: 2 cases
Status: Published
Syllabus: SYLLABUS BY THE COURT. 1. Forgery — Nature of Instrument — Information. A certain ' instrument held to be such a writing as is made the subject of forgery by section 2122 of the General Statutes of 1901. It is a check or order by which a pecuniary obligation purports to be transferred and created, and an information that charges the false making and forging of such an instrument, with intent to injure or defraud, without the allegation of any extraneous facts, charges the crime defined by said section. 2. - Warrant — Preliminary Examination — Information. When a warrant charges the defendant with the forging of such an instrument, and with indorsing thereon “Edd Shaw” and selling the same to B. for a valuable consideration, with intent to defraud, and the defendant is taken before a justice of the peace and waives a preliminary examination thereon, the county attorney is thereby authorized to file an information charging the defendant with the crime of forgery in the fourth degree, as defined in section 2126 of the General Statutes of 1901. A plea in abatement to such information on the ground that the defendant has had no preliminary examination for such offense is not good.