State v. Abbott

Citations

• 65 Kan. 139
• 69 P. 160
• 1902 Kan. LEXIS 26

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Evidence — Cross-examination to Impair Credibility — Specific Discreditable Acts. For the purpose of impairing his credibility, a witness who gives material testimony may be cross-examined as to his past conduct and character, and as to specific acts which tend to discredit him.</p> <p>2. Criminal Law — Defense of Alibi — Misleading Instruction. Where the witnesses for the state undertake to fix the time of the commission of an offense, and are not entirely in accord in that respect and the accused makes the defense of alibi and introduces proof that he was elsewhere at the times fixed by the witnesses, an unqualified instruction that the time of the commission of the offense is not important, if it be shown to be within two years immediately preceding the prosecution, is misleading and erroneous.</p>