State v. Chadwell

Citations

• 94 Kan. 302
• 146 P. 420
• 1915 Kan. LEXIS 89

Syllabus

<p>syllabus by the court.</p> <p>1. Criminal Law — Self-defense—Instructions. The law of self-defense was correctly stated in the instructions.</p> <p>2. New Trial — Affidavit—Perjury—No Error in Denying Motion. A motion for a new trial is properly denied, which sets up the affidavit of a witness contradicting his evidence on a material point given on the trial, when it is not shown that the defendant did not have a fair opportunity to rebut the evidence at the trial, and when it does appear that other witnesses testified on the trial corroborating- the evidence of the witness making the affidavit, as given on the trial.</p> <p>3. Evidence — Absent Witness — Testimony Given at Preliminary Examination Admissible. When the state has made every reasonable effort to procure the attendance of a witness, and is unable to do so, the testimony of such witness, given at the preliminary examination, may be introduced at the trial.</p>