State v. Bassnett

Citations

• 80 Kan. 392
• 102 P. 461
• 1909 Kan. LEXIS 79

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Criminal Law — “Crime or Misdemeanor, Not Amounting to a Felony.” The “crime or misdemeanor, not amounting to a felony,” mentioned in section 12 of chapter 31 of the act relating to crimes and punishments (Gen. Stat. 1901, § 1997), need not necessarily be independent of and separate from a homicide intended by such section to be reduced from murder to manslaughter in the first degree, but it may be involved in and constitute a part of such homicide.</p> <p>2. --r- Manslaughter--Attempt to Perpetrate an Assault. Where a homicide is committed under such circumstances as would otherwise be murder, it may be reduced to manslaughter in the first degree if committed while attempting to perpetrate an assault or other crime or misdemeanor less than a felony upon the deceased.</p> <p>3. Practice, District Court — Change of Venue. A change of venue on account of the prejudice of the inhabitants of the county against the defendant should not be granted unless it is made to appear to the satisfaction of the court that the defendant can not have a fair trial in such county on account of such prejudice.</p> <p>4. New Trial — Misconduct of Juror — Finding of Trial Court Conclusive. Where, upon a motion for a new trial, it is contended that a juror, after being impaneled to try the cause,, made statements indicating that he entertained a decided and hostile opinion against one of the parties, which is denied, and the question is presented to the court upon the oral testimony of witnesses, and upon the hearing the court decides the question by denying the motion, such decision will be deemed final and conclusive here.</p> <p>5. Criminal Law — Instructions. Instructions examined and sustained.</p>