15 Kan. 420 | Kan. | 1875
The opinion of the court was delivered by
Defendant was convicted in the district court of Davis county of the crime of grand larceny, and sentenced to the penitentiary for a term of three years. From this he has appealed to this court. A single matter only requires notice, for in that we find a fatal error. The information charged the larceny of certain cattle belonging to Michael Wandler. The evidence showed that the property belonged to J. M. Wandler, and there is nothing in the evidence, as preserved in the record, to show that Michael and J. M. Wandler are one and the same person. The only thing in the record bearing upon this is the recitation of what took place in the opening of the trial as follows: “The county
The judgment will be reversed, and the case remanded for a new trial. The appellant will be returned from the penitentiary to the jailor of Davis county, to abide the further order of the district court of that county.