State v. Altemus

Citations

• 76 Kan. 718
• 92 P. 594
• 1907 Kan. LEXIS 317

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Criminal Law- — Kidnapping—Evidence of Defendant’s Previous Conduct. In a criminal prosecution for kidnapping, inveigling or decoying a person with intent to cause such „ person to be taken or sent out of the state against his will, the evidence as to the conduct of the defendant toward such person prior to the taking from the state should be confined to such acts as evince an intention to take or send the person out of the state against his will.</p> <p>- 2. - Erroneous Instruction. An instruction ought not to be given, although it is a correct statement of the law in the abstract, which is not applicable to the facts that are in evidence. (The State v. Whitaker, 35 Kan. 731, 12 Pac. 106.)</p>