State v. Campbell

Citations

• 73 Kan. 688
• 85 P. 784
• 1906 Kan. LEXIS 308

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Criminal Law — Right to Speedy Trial — Delay Occasioned by an Appeal. The terms of court which intervene pending an appeal by the state in a criminal action are not to be counted in determining whether a person under indictment and held to bail is entitled to be discharged under section 221 of the code of criminal procedure (Gen. Stat. 1901, § 5666) because not brought to trial before the end of the third term of court after indictment found or information filed.'</p> <p>2. -• Confessions — Statements before a Grand Jury. Statements and declarations by a defendant in a criminal action in denial of guilt while a witness before a grand jury are not confessions within the rule requiring them first to be shown to have been made voluntarily before they are competent evidence against him.</p> <p>3. - Testimony in Response to a Subpoena Not Involuntary —Waiver of Privilege. The fact that his testimony before the grand jury was in obedience to a subpcena will not render such statements or declarations involuntary. His rights are protected by his privilege to refuse to answer when the answer tends to incriminate him; and by the failure to exercise his privilege in this respect his statements and declarations become voluntary.</p> <p>4. -Admissions — Voluntary Statements o.f an Exculpatory Nature. Voluntary statements of fact made by a defendant in a criminal action, which do not tend to establish his guilt but which are exculpatory in their nature, are competent evidence against him as admissions of a party.</p> <p>5. - Grand Jurors — Disclosure of Evidence Given before Them. The language of section 5535 of the General Statutes of 1901,' providing that “no grand juror shall disclose any evidence given before the grand jury, nor the name of any witness who appeared before them, except when lawfully required to testify as a witness in relation thereto,” is not limited by the provisions of section 5533 of the General Statutes of 1901, permitt