22 Kan. 474 | Kan. | 1879
The opinion of the court was delivered by
Defendant was convicted, in the district court of Wilson county, of the crime of grand larceny, and from such conviction appeals to this court. The larceny was of a horse. An accomplice turned state’s evidence. In support of his testimony, an officer testified that this accomplice told him where defendant’s camp was to be found, and guided him thereto; also, informed him from what place, a town in Missouri, the horse had been taken, guided him thereto, and disclosed the owner. When the officer commenced his testimony, the defendant objected to any evidence of “the acts or declarations” of this accomplice, which objection was overruled ; and after he had finished, defendant moved to strike out all the “testimony relating to the acts and declarations” of such accomplice, which motion was also overruled. This ruling is the error alleged. Conceding that pending the commission of an offense the acts and declarations of either party engaged therein are competent evidence against the other, counsel insist that when the offense is consummated the declarations of neither party as to what had previously been done are admissible against the other; such testimony is mere hearsay. Doubtless this proposition is true; but the record does not show that the district court ruled to the contrary. Neither objection nor motion ran to declarations concerning past transactions alone.. They were general to all acts and declarations. Now many acts and many declarations
So far as the form of the judgment is concerned, we do not see that any substantial rights of the defendant are prejudiced