Drysdale v. Wetz

Citations

• 102 Kan. 680
• 171 P. 653
• 1918 Kan. LEXIS 118

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Assault — Conspiracy — Order of Proof — Judicial Discretion. The order in which proof of a conspiracy is received rests to a large extent in the discretion of the court, and in this case it is held that defendants were not prejudiced by the admission in evidence of declarations made by one of the defendants before proof of the conspiracy, it being followed up by sufficient evidence to establish the existence of the conspiracy as alleged.</p> <p>2. Same — Instructions to be Construed as a Whole. An instruction is not to be condemned by separating from its context language.in one part of it and ignoring the instruction as a whole.</p> <p>3. Same. Objections to certain instructions examined, and held to be without merit, the abstract making no reference to the other instructions given.</p> <p>4. Trial — Witness Rebuked by Court before Jury — No Error. While testifying as a witness, one of the defendants made a voluntary statement outside of the case which called for a rebuke by the court and an admonition not to repeat the offense. Held, that the incident was not likely to have prejudiced defendants, but if it did they cannot complain. '</p>