State of Kansas v. Roberts

Citations

• 95 Kan. 280
• 147 P. 828
• 1915 Kan. LEXIS 207

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Murder — Trial—Verdict of Guilty — Death of Defendant— Verdict Should be Filed — Record Made. Where a defendant in a murder trial dies after a jury finds a verdict but before it is presented in court, the verdict should be filed and the journal of the court should record the cessation of the trial and the reason therefor.</p> <p>2. Murder — Joint Defendants — Information Sufficient. An in- . formation charging defendant and two others with murder, giving time and place and the common recitals of a felonious charge, is sufficient although the theory of the prosecution is that the killing was committed by one of the others as a result of a conspiracy inspired by defendant and although the defendant was never personally present in the county where the homicide occurred.</p> <p>3. Murder — Venue—County in Which Accessory May be Prosecuted. Section 125 of the criminal code, which provides that an accessory to a felony may be prosecuted in the county where his part of the felony was committed, is permissive, not man- ' datory, and it is proper to prosecute him in the county where the principal offense was committed.</p> <p>4. Change of Venue — Ordinarily in Judicial Discretion. Rule followed that the determination of the trial court as to the propriety and necessity of a change of venue is final where competent testimony supports that decision and where there is no apparent abuse of discretion.</p> <p>5. Trial — Endorsing Namtes on Information — Continuance. Rule followed that a continuance is not ordinarily demandable as a matter of right because the names of witnesses are endorsed on the information at the commencement of a. trial.</p> <p>6. Jurors — .Qualification for Trial Court. Rule followed that qualification of jurors is for the determination of the trial court.</p> <p>7.- Murder — Statements by Codefendant Made after the Murder Admissible against the Other Defendant. Where a defendant is prosecuted for murder upon the theory th