State v. Evans

Citations

• 90 Kan. 795
• 136 P. 270
• 1913 Kan. LEXIS 309

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Evidence — Impeachment of Witness — Inquiry Must Relate to General Reputation. In a prosecution for statutory rape a witness was asked if he knew the general reputation of the complaining witness, a girl of about fourteen years of age, for truth and veracity in the city of Lawrence. His answer in substance was that he knew only from what he had heard from several families with whom she had lived for a short time; that he had no knowledge of her general reputation among the neighbors where she lived. Held, that he was not competent to state what her general reputation for truthfulness was.</p> <p>2. Statutory Rape — Practice — Oral Communication between Judge and Jury. In a prosecution for statutory rape the jury had been out for thirty hours, and before reaching a verdict sent an inquiry to the court to know if it would be proper to return a verdict with a recommendation for clemency. The judge, in the absence of the defendant, went to the door of the jury room and stated orally that there would be nothing improper in such a verdict, if the jury saw fit to make it, but that he would not say whether the recommendation would be considered nor make any promise as to what he would do in such a case. Within fifteen minutes thereafter a verdict of guilty was agreed upon and returned with a recommendation for clemency. Held, that the instruction related only to the form of the verdict, and if proper at all was not required to be in writing; held further, that since it does not appear that the jury were induced to render a verdict of guilty by an implied promise that leniency would .be shown, the irregularity is not sufficient to justify a reversal.</p> <p>3. New Trial — Misconduct of Jurors in Jury Room — Conflicting Affidavits. On a motion for a new trial affidavits of some of the jurors were offered to the effect that the failure of the wife of defendant to testify was talked of in the jury room and considered by the jury. The state of