State v. Curtis

Citations

• 108 Kan. 537
• 196 P. 445
• 1921 Kan. LEXIS 216

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>T. Criminal Law- — Rape—One Preliminary Examination No Bar to a Subsequent One. One preliminary examination on which the defendant is held for trial is not-a bar to a subsequent preliminary on another complaint and warrant charging the same offense, where the first action is dismissed before the second is tried.</p> <p>2-. Same — Information Containing Three Counts — Motion to Quash. It is not reversible error to refuse to quash an information containing three counts where the action is dismissed as to the second and third counts before it is submitted to the jury, and the first count states an offense.</p> <p>3. Same — Rape—Charging Offense in Language of Statute Sufficient. An information charging rape under section 3393 of the General Statutes of 1915 is sufficient if it sets out the offense in the language of the statute.</p> <p>4. Same — Examination, of Jurors on Their Voir Dire. On a criminal prosecution it is not error, in the examination of jurors concerning their qualifications to sit as such, to allow counsel to read to them the statute under which the defendant is being prosecuted and to ask them whether they believe the penalty too severe and whether they are in favor of the enforcement of that statute.</p> <p>5. SameI — Information Containing Three Counts — Motion to Require State to Elect. On a trial on an information charging three different felonies in as many different counts, it is not reversible error to refuse to require the state to elect on which count it will rely for a conviction, where the second and third counts are dismissed before the case is submitted to the jury.</p> <p>6. Same — Impeachment of Witness. 'A witness cannot be impeached by showing contradictory statements made by him at another time and place on matters that are immaterial or collateral.</p> <p>7. Same — Evidence. No error was committed in the introduction or exclusion of evidence.</p> <p>8. Same — Rape-—Instructions. The instructions prope