54 Kan. 251 | Kan. | 1894
The opinion of the court was delivered by
We have carefully examined the information and the evidence introduced to support its allegations. We think the information fatally defective and the evidence insufficient to sustain the conviction. The information attempted to charge Stub Crane and J. C. Gray with criminal
A case very similar to this was decided by the supreme court of Missouri on November 9, 1893 — The State v. Cameron, 23 S. W. Rep. 767. In that case, the agent assured the owner of the house that the rodding would not amount to more than $5. The owner signed a contract obligating himself to pay $195. Instead of giving a note, as in this case, he paid $195, when he knew he had agreed to pay $5 only. Gantt, J., delivering the opinion, observed: “It is not the policy of the law to punish as a crime the making of every foolish or ill-considered agreement. If it is, the jails and prisons must be greatly enlarged. Where the pretense is absurd or irrational, or such as the party injured had at the very time the means of detecting at hand, it is not within the act.” The judgment is reversed, and the defendant discharged.