State v. Ball

Citations

• 110 Kan. 428
• 204 P. 701
• 1922 Kan. LEXIS 64

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Criminal Law — Homicide—Excluded Evidence Not Produced on Motion for New Trial — No Error Predicated Thereon. The rule that proffered testimony excluded at the trial must be brought on the record in support of the motion for a new trial by affidavit, deposition or oral testimony, before it can be made the basis of reversible error, is the same in criminal as in civil cases, and unless the excluded evidence is thus submitted, no error can be predicated thereon — following The State v. Wellman, 102 Kan. 503, 512, 170 Pac. 1052.</p> <p>2. Same — Homicide—When Self-defense is Available to a Defendant. In a prosecution for homicide the trial court’s instructions correctly declared that the law does not permit an aggressor who provokes a difficulty with his adversary, and slays him in the course of it, to invoke the right of self-defense unless the aggressor, after provoking the difficulty, withdraws from the combat in such a way as to show his adversary his intention to desist.</p> <p>3. Sam:e — Homicfde—No Prejudicial Error Discerned in Record. The record, including the instructions given and refused in a prosecution for murder, where the defendant was adjudged guilty of manslaughter in the third degree, examined, and no error prejudicial to defendant discerned therein.</p>