State v. Clark

Citations

• 69 Kan. 576
• 77 P. 287
• 1904 Kan. LEXIS 297

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Murder-—Instructions Concerning Inferior Offenses. In a prosecution for murder the defendant is entitled to have submitted to the jury the question whether the homicide was of a lower degree than that charged in the information, unless the testimony shows beyond question that the greater offense only was committed. Slight evidence that the crime may have been of a lower grade than the one charged requires the court to instruct the jury on the law of the inferior offenses included in the charge of murder, and the unsupported testimony of defendant is sufficient for that purpose.</p> <p>2. - Self-defense and Manslaughter Not Inconsistent Defense. The fact that testimony introduced on behalf of a defendant on trial for murder gave support to the theory that he acted in self-defense is not inconsistent with the claim that, if guilty, his crime was manslaughter and not murder.</p> <p>3. - Failure of Counsel to Formulate Theory Will Not Justify Refusal to Instruct. The court will not be justified in refusing to instruct the jury, when the testimony requires it, on the lower degrees of crime included in a charge of murder, for the reason that counsel for the accused, upon request from the court, failed or neglected to formulate a theory on which such instructions might be given. Section 5681 of the General Statutes of 1901 requires the court, in a criminal case, to state to the jury' all matters of law which are necessary for their information in giving a verdict.</p>