State v. Cardwell

Citations

• 90 Kan. 606
• 135 P. 597
• 1913 Kan. LEXIS 273

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Statutory Rape — Corpus Delicti May be Proven by Circumstantial Evidence. On the trial of a criminal action the corpus delicti — that some one has committed the crime charged —may be proven in whole or in part by circumstantial evidence the same as any other fact in controversy; the rule being that the best evidence which, in the nature of the case, is attainable should be produced, and it must be so conclusive as to ex-, elude all reasonable doubt, to sustain a conviction.</p> <p>2. New Trial — Newly Discovered Evidence — No Diligence Shown. A motion for a new trial on the ground of newly discovered evidence, where the affidavits disclose that the defendant knew before the trial the facts proposed to be proven, and having testified on the trial he made no mention of such facts nor made any effort to secure the attendance of the proposed witnesses, is properly overruled.</p>