81 Kan. 836 | Kan. | 1910
The opinion of the court was delivered by
The appellants were convicted under section 107 of the crimes act, which so far as is pertinent to this inquiry reads:
“Every person who shall willfully, unlawfully and maliciously break, destroy or injure the door or window of any dwelling house, shop, store or other house or building, . . . being the property of another, shall on conviction be adjudged guilty of a misdemeanor.” (Gen. Stat. 1901, § 2100.)
In the amended complaint it was alleged that appellants did willfully, unlawfully and maliciously break and destroy a door or part of a building commonly
There is a contention that the original complaint in the case charged appellants with two offenses, as it alleged the breaking of a door attached to and forming a part of “a storeroom or building.”. There is nothing substantial in that objection. It is manifest that only one offense was charged, and that the prosecution treated the terms “storeroom” and “building” as synonymous and by their use intended to describe and designate a single structure. (Commonwealth v. Bossidy, 112 Mass. 277.) The complaint, however, was amended and the term “storeroom” was stricken out, so appellants were not misled or left in doubt whether they were charged with breaking and destroying the doors of one or two buildings, nor could there have been any uncertainty as to the subject matter of the charge.
It is the next contention that the cave in question is not a “building” within the meaning of the statute. Nothing contained in the section which defines the offense indicates that the legislature intended to give a restricted meaning to the term “building,” nor is there any qualifying clause, except that it shall be the property of another. Webster defines the word “building”
There is nothing substantial in the objections to one of the instructions, and no reason is seen for disturbing the verdict of the jury. The judgment is affirmed.