State v. Allen

Citations

• 107 Kan. 407
• 191 P. 476
• 1920 Kan. LEXIS 87

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Criminal Procedure — Appeal by The State “Upon a Question Reserved by the State.” An appeal “upon a question reserved by the state” (Crim. Code, § 283) may be taken from an order overruling the objection of the state to evidence offered by the defendant on the</p> <p>. trial of a criminal charge, and from instructions given by the court to the jury. The appeal may be taken after the jury has disagreed and after the cause has been continued to another term of court for trial.</p> <p>2. Same — Homieide—Self-defense—Evidence of Violent, Turbulent Acts of Deceased May Be Admitted. On a trial for murder, the defendant, after he has introduced evidence tending to prove that he ■ acted in self-defense, may, for the purpose of showing that he took the life of the other under a reasonable apprehension of danger to his own life, introduce evidence to show that he had heard of particular acts of violence on the part of the deceased, and that the deceased was a turbulent, quarrelsome, and dangerous man.</p> <p>3. Same — Instruction—Right to Arm One’s Self in Anticipation of an Altercation. It is error to instruct a jury that a defendant, who has had a dispute with another concerning the ownership of property which each claimed and which is in the possession of the other, may arm himself and go to the home of the other to obtain the property, when the defendant has information that the other person is a violent man, and has made threats against the defendant, and when the defendant has reason to believe that a visit to the home of the other person will result in an altercation and in a possible encounter in which it may be necessary for him in self-defense to take the other person’s life.</p>