State of Kansas v. Killion

Citations

• 95 Kan. 371
• 148 P. 643
• 1915 Kan. LEXIS 222

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Murder — Preliminary Examination — Complaint —■ Warrant. The validity of a preliminary examination and whether the defendant has been sufficiently advised as to the charge upon which he is to be tried depends upon the complaint, the warrant and the evidence developed at the preliminary examination and not ¿lone upon the statements contained in the warrant.</p> <p>2. Same — Trial—Cross-examination of Defendant — Past Conduct. For the purpose of impairing his credibility a defendant charged with murder who offers himself as a witness in the case may be interrogated on cross-examination the same as any other witness as to his past conduct and character, and as to offenses committed or altercations had as well as to having used dangerous weapons at other times.</p> <p>3. Same — Evidence as to General Rejmtation. Witnesses who have testified favorably to the general reputation of -the defendant as to peace and good conduct may be asked on cross-examination if they had not heard reports of particular acts inconsistent with the_ good reputation to which they have testified.</p> <p>4. Same — Instruction—Deadly Weapon — Inference of Malice. An instruction to the effect that malice may be inferred from the fact of killing with a deadly weapon examined, and it is held that the court did not thereby take from the jury the question of whether a certain metal instrument was a deadly weapon, and, further, that the instrument was so clearly a deadly weapon that if the instruction could be regarded as an assumption of that fact no prejudice could have resulted from it.</p> <p>5. Same — Instructions as to Different Degrees of the Offense — ■ Not Error, The court in charging the jury defined the different degrees of the offense charged and stated what was necessary to be proven to convict defendant on each of the different degrees. Afterwards in stating the sequence of the degrees, and that if the jury found defendant was not guilty of the higher de