State v. Dunford

Citations

• 91 Kan. 898
• 139 P. 430
• 1914 Kan. LEXIS 144

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Practice, District Court — Written Communications between Judge and Jury. During their deliberations in a felony case the jury sent a message to the judge inquiring whether they could recommend clemency, and he replied in effect that it was not their province as a jury to do so, but that the court would consider any recommendation any or all of the jurors might make after their discharge. Held, that the interchange of these messages did not require the verdict to be set aside, notwithstanding the case was one in which the trial court had no voice in fixing the penalty and could grant no parole, it appearing upon the whole record that the jury were not in fact influenced thereby.</p>