State v. Daugherty

Citations

• 63 Kan. 473
• 65 P. 695
• 1901 Kan. LEXIS 172

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Change or Venue— Case Followed. -The rule relative to sustaining an application for a change of venue, as laid down in The State v. Furbeck, 29 Kan. 532, approved and applied.</p> <p>2. Jury and Jurors — Competency. Not portions only, but all of the answers of a juror being examined upon his voir dire, must be looked to in order to ascertain his competency, and, upon such consideration in this case, it is held that certain jurors objected to were competent, under the rules laid down by this court.</p> <p>3. Criminal Practice — Presence of Defendant — Presumptions upon Review. While it is necessary that a defendant on trial for a felony should be present at all stages of the trial, a record that does not show affirmatively his absence, but is simply silent upon that point, does not show error in the proceedings of the trial court. This is especially so where the record affirmatively shows the presence of the defendant at the commencement and close of the trial. In either case, the presumption is that he was present at all stages thereof.</p> <p>4. -Jury and Jurors — Presumptions upon Review, The same presumption of regularity prevails as to the matter of admonishing the jury as directed by the statute upon each separation, where the record is silent; and this is so even though the record shows' that the jury were instructed to be in their seats at a given time, the expression, of the one not indicating the omission of'the other.</p> <p>5. Rape — Certain Testimony Held Competent. In the trial of a person charged with statutory rape, the fact that the prosecuting witness made timely complaint of the outrage committed upon her may be shown where it further appears that the acts of the defendant would constitute the crime of rape as defined by the common law.</p> <p>6. - Common Law and Statutory. Where a man forty years of agé, the foster-father of a female child between twelve and thirteen years of age, in a secluded place, in the nig