State of Kansas v. Dreiling

Citations

• 95 Kan. 241
• 147 P. 1108
• 1915 Kan. LEXIS 201

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Appeal — Argumentative Statements No Place in Abstract. Argumentative statements have no proper place in an- abstract, which is intended to take the place of the transcript and to constitute here the record of the case for use of both sides in preparing briefs and in oral argument and for the use of the court in considering the case.</p> <p>2. Motion for New Trial — Comments in Jury Boom on Failure of Defendant to Testify — Ground Not Sustained. In a criminal prosecution for a misdemeanor the affidavits of two jurors were presented on a motion for a new trial in which they stated that the failure of defendant to testify in his own behalf was referred to and commented upon in the jury room and the fact of his failure to testify was considered and weighed by them in agreeing to the verdict. The trial court refused to believe that the jurors had really given the matter serious weight or consideration, and held that their statements were not true. Held, that the ruling denying the motion for a new trial must be affirmed.</p>