State v. Bolton
State v. Bolton
Opinion of the Court
The opinion of the court was delivered by
Clarence Bolton was convicted upon a charge of the larceny of an Exide battery. In his appeal he contends that
Complaint is made that the value of the property stolen was not sufficiently established. There was testimony and enough of it to show that the value of the battery taken exceeded $20, the amount essential to the offense of grand larceny. The market value of a new battery was shown to be $25 and the one in question had only been used for a few days. One witness did place a valuation of $18 upon it, but the testimony of another fixed it at $25 and the- jury was warranted in finding that its value was more than $20.
Objection was made to an instruction in which the jury were told that inquiries had been made on cross-examination of defendant and one Diggs as to the commission of other offenses, and that such testimony could be considered for no other purpose than as it might affect the veracity and credibility of the witnesses. For this purpose the evidence was admissible, and it became the duty of the court to tell the jury what application could be made of the testimony. (The State v. Pfefferle, 36 Kan. 90, 12 Pac. 406; The State v. Bowers, 108 Kan. 161, 194 Pac. 650.) The defendant admitted that he had previously committed thefts other than the one charged, but Diggs in his testimony denied that he had participated in other offenses about which inquiry was made. It is contended that a reference by the court to the inquiry of Diggs was improper. In view of the denial of Diggs the reference to him might well have been omitted, but as there was no testimony or admissions of misconduct or guilt, the mention of him in the instruction cannot have been prejudicial.
Judgment affirmed.
Reference
- Full Case Name
- The State of Kansas v. Clarence Bolton
- Cited By
- 17 cases
- Status
- Published
- Syllabus
- SYLLABUS BY THE COURT. 1. Criminal Law — Larceny—Evidence of Accomplice. The fact that a witness was an accomplice in the commission of the crime charged, goes to the credibility of his evidence and not to its competency, and if the jury are fully convinced of the truth of his testimony and are fully satisfied that it is sufficient to establish the guilt of the defendant, they may convict upon the uncorroborated evidence of the accomplice. 2. Same — Evidence Supports Conviction. The evidence examined and held to be sufficient to support the conviction of defendant.,. 3. Same — Instruction. A questioned instruction is held to be without material error.