State ex rel. Botts v. Stout

Citations

• 101 Kan. 600
• 168 P. 853
• 1917 Kan. LEXIS 156

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Illegitimate Children — Minor Defendant — Appointment of Guardian Ad Litem. In a bastardy proceeding the defendant, a minor, made no application to have a 'guardian ad litem appointed, and on the plaintiff’s application after the jury was impaneled and sworn, the court appointed the defendant’s father as guardian under the provisions of the eivjl code (§ 32). Held, not error.</p> <p>2. Same — Material Evidence in Rebuttal — Defendant’s Right to Rebut the Same. It is within the discretion of the trial court to admit in rebuttal facts which should have been offered in chief, and even to reopen the case at any time before final submission and permit either side to offer evidence. Whether in a bastardy proceeding it is material error for the court to permit the prosecution to introduce in rebuttal evidence which should have been. introduced in chief depends upon whether the defendant’s rights have been prejudiced. In this case it is held, upon the facts stated in the opinion, that it was reversible error to permit the prosecution to prove material and relevant facts of its case by way of rebuttal and to deny defendant the right to introduce testimony to rebut such material and relevant matter.</p> <p>3. Same — Cross-examination—Relating' to Distinct Offense — Collateral Issue — Answer Conclusive on State. The defendant in a bastardy proceeding was asked on cross-examination, in substance, if he had been guilty of improper conduct with a young girl, not the relatrix, at a time subsequent to the offense upon which the action was based. He denied that he had. Held, that the matter was purely collateral, and that the state was bound by his answer, and that it was reversible error to permit the state to contradict his denial by evidence of another and distinct offense.</p> <p>4. Same — Alibi—Instruction. The defendant having offered some evidence to show that he was away from the neighborhood at and near the date fixed by the relatrix, an