Cole v. Drum

Citations

• 109 Kan. 148
• 197 P. 1105
• 1921 Kan. LEXIS 95

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Witness — Cross-examination—Certified Copy of Former Arrest and Conviction. A witness on cross-examination was asked if he was not arrested on a certain occasion for assaulting his wife, and he answered “No,” whereupon a certified copy of a journal entry of conviction was offered and rejected. Held, that while the court might in its discretion have permitted its introduction as a part of the cross-examination, its rejection was not error, as the cross-examining party still had the right to offer it as a part of his case in rebuttal, which was the proper time for its introduction. .</p> <p>2. Will — Action to Set Aside — Evidence. Certain witnesses were precluded from stating that the testator could not talk connectedly; but» as one of them had already so testified, and both were permitted to state that they regarded the testator as of unsound mind, no material error was committed.</p> <p>3. Same — Action to Set Aside — Mental Incapacity — Evidence of Doctor■ — ■ Conclusion of Witness. A doctor who stated that he regarded the testator as of unsound mind was precluded from testifying whether a request for an overdose of morphine, or the fact that he talked of or made an attempt at suicide indicated insanity. Held, that as.the conclusion sought was shown by this witness it was not materially prejudicial to exclude the indicated grounds of such conclusion.</p> <p>4. Same — Evidence of Attorney Who Drew the Will. The attorney who drew the will in controversy was permitted to testify whether or not in his opinion the testator had sufficient capacity at the time to make a valid will. He told of his long acquaintance with the testator and in detail of his conversation and directions at the time. While it was incompetent for him to state the conclusion asked for, inasmuch as the jury in this case acted only in an advisory capacity, their advice being rejected by the court, who made extended findings, it must be presumed in accordance with