Public-domain · open source
OpenJurist

114 Kan. 692

State v. Wassenberg

Supreme Court of Kansas

Decided November 10, 1923

Supreme Court of Kansas · decided 1923-11-10

Cited by 3 later decisions — most recently November 1956

3 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1923-11-10

View the full empirical analysis of this case →

¶1The opinion of the court was delivered by

Burch, J.:

¶2Defendant was convicted of obtaining money from a bank by means of false representations, and appeals.

¶3Defendant presents eleven assignments of error. Every one of them except the last relates to a ruling of the district court affecting or made in the progress of the trial, which, if erroneous, furnished statutory ground for a motion, for a new trial. The last assignment is, the court erred in overruling defendant’s motion for a new trial. *693The motion for new trial does not complain of any subject embraced in the assignments of error. The result is, under the rule so often stated and applied, requiring grounds for new trial to be presented to the district court before this court will consider them, there is nothing before this court which, it can review.

¶4Notwithstanding the conditions of the record, the court has carefully examined it, and is satisfied defendant has suffered no prejudice to his substantial rights; but because anything the court might say on the subject would be extrajudicial, expression of its views would be improper.

¶5The judgment of the district court is affirmed.

/114/kan/692 · .json · Public domain