State v. Martin
State v. Martin
Opinion of the Court
The opinion of the court was delivered by
Lulu Bayless Martin was charged with and convicted of having possession of intoxicating liquor and also of maintaining a nuisance at a place in Topeka. Defendant has appealed.
No complaint is made of the instructions given at the trial, and while Mrs. Seavers may have been subject to prosecution for her participation in the handling of the liquor as an accomplice, it has been held that—
“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.” (State v. Bolton, 111 Kan. 577, syl. ¶ 1, 207 Pac. 653.)
Although challenged for sufficiency, the evidence is deemed to be sufficient to sustain the verdict of the jury.
It is said that error was committed in allowing the state to amend an information by striking out the figures 719. It appears to have been done before the jury were impaneled. Besides, an amendment of substance as well as of form is permissible after a plea, and some have been made and sustained after one trial had been had and a new trial has been granted. (State v. Morris, 131 Kan. 282, 291 Pac. 742.)
A reading of the record, such as it is, discloses no error and, therefore, the judgment is affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.