State ex rel. Carmons v. Woods

Citations

• 102 Kan. 499
• 170 P. 986
• 1918 Kan. LEXIS 77

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Illegitimate Child — Presumption of Defendant’s Innocence — Instruction. In a bastardy proceeding, the infraction given to the jury that “the law presumes morality and uprightness until the contrary is made to appear from the evidence, and you are instructed that defendant in this case is presumed to be innocent of the charge made against him and that presumption xemains with him through all stages of the trial and until overcome by the evidence of the state by a preponderance of the credible evidence,” is held not erroneous.</p> <p>2. Evidence — Not Directly Contradicted — Province of Jury. A jury is not warranted in arbitrarily 'or capriciously rejecting the testimony of a witness, but neither are they required to accept and give effect to testimony which they find to be unreliable, although it may be un- ' contradicted.</p>