57 Kan. 737 | Kan. | 1897
In the fourth instruction given by the Court, and excepted to by the defendant, the jury were told that the facts proved in this case did not constitute probable cause for the plaintiff’s arrest. Section 104 of the act concerning Crimes and Punishments, reads :
“ Any person who shall wilfully throw down, break, remove, displace, cut, split, burn, or in any manner destroy or injure any of the rails, .sills, switches, cross-ties, piles, bridges, culverts, viaducts, parapets, or any other fixture of any railroad, or shall wilfully injure or destroy any embankment of any railroad within this state, now constructed or in process of construction, or of any railroad which shall hereafter be constructed, or be in process of construction in this state, shall, on conviction thereof, be punished*743 by confinement and hard labor in the penitentiary not less than one nor more than three years.”
Other claims of error are discussed in the brief, but as the same questions may not arise again we deem it unnecessary to discuss them in detail. The one already considered compels a reversal of the judgment.