22 P.2d 454 | Kan. | 1933
The opinion of the court was delivered by
The defendant was tried on an information containing four counts and charging commission of offenses denounced under chapter 140 of the Laws of 1929 (R. S. 1931 Supp. 17-1223 et seq.). He was found guilty on two counts: the second charging the sale of an unregistered security, and the third charging him with having sold such security without having first obtained a broker’s license.
Appellant’s abstract does not contain any specification of errors as required by rule 5 of this court. In his brief he discusses only the sufficiency of the testimony to sustain the verdict, the concluding paragraph of the brief containing the following:
“I simply believe that this testimony fails to show a sale, and that this man’s conviction is wrongful. I could serve no purpose by citing a long line of authorities or quoting from the decisions of this court. There isn’t any law question involved in it.”
As to the conviction on the second count, an examination of the record shows that one Ella Teeters, previous to the sale complained of, owned some Cities Service Company stock which she traded for Roosevelt Chain Hotels Corporation stock and bonds; that de
Complaint is made because the court permitted two witnesses to testify as to sales to them. In the instructions the jury was advised that such testimony should be considered only for the purpose of showing identity of the accused and his motive, intent, lack of mistake and his plan or system of operation, and for no other reason. It may be observed that under the provisions of R. S. 1931 Supp. 17-1225 the act does not apply to an isolated sale, and the testimony was competent to show that the sale complained of was not an isolated one. Evidence of similar offenses has been held admissible to prove intention, inclination and tendencies in many cases heretofore decided. (See State v. Ridgway, 108 Kan. 734, 197 Pac. 199; State v. King, 111 Kan. 140, 206 Pac. 883; State v. Smith, 113 Kan. 737, 216 Pac. 302; State v. Turner, 114 Kan. 721, 220 Pac. 254; State v. McReynolds, 118 Kan. 356, 234 Pac. 975; State v. Bisagno,
The matter of whether there was a sale or not settles also the conviction on the third count. It was admitted by the defendant that he had no broker’s license to sell securities. The evidence shows that he acted as a broker, as defined in paragraph 8 of the original act (which paragraph has been amended by ch. 143, Laws 1931, since commission of the offense) without having qualified as therein provided.
No reason appears why the defendant did not have a fair and impartial trial, there is no error in the matters complained of, and the judgment of the lower court is affirmed.