State v. Ball

Citations

• 93 Kan. 606
• 144 P. 1012
• 1914 Kan. LEXIS 479

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. “White Slavery” — Sufficient Information. An information under section 2 of chapter 179 of the Laws of 1913 should charge that the premises in question were owned or leased by the defendant or under his control, but in this instance the language used was such as necessarily to import -the meaning that the defendant was in control of the premises. Held, that the information is sufficient.</p> <p>2. Same. When the language of the information is such as to make it impossible that the parties in question could have been husband and wife it is not essential to allege that they were not married to each other.</p> <p>3. “White Slavery” — Competent Evidence — Conduct of Parties. In this class of cases evidence touching the conduct of the parties and their manifestations of mutual affection is competent.</p> <p>4. Same. The fact that seven or eight years prior to the trial the parties stayed at a certain house as man and wife, while remote is nevertheless competent to show the conduct, disposition and inclination of the parties, the weight being for the jury.</p> <p>5. Rebutation — Competent Witness. One who had known a witness twenty years and lived near her a large portion of the time, though some ten miles distant from where she lived at the time of the trial, was competent to testify as to her reputation for truth and veracity in the community where she formerly resided.</p> <p>6. Trial — Evidence—Threats by Defendant. Testimony of the defendant’s anger and threats touching the marriage of his paramour was competent for the purpose of showing his sentiments towards her.</p>