State v. Gereke

Citations

• 74 Kan. 196
• 86 P. 160

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Jury and Jurors — Impaneling—Discharge. In criminal as well as in civil cases the rule obtains that “it is not a substantial error for the district court to discharge a juror during the time the jury are being impaneled, although the juror may be discharged for an insufficient reason, where an unexceptionable jury is afterward obtained and where the party complaining has hot exhausted his peremptory challenges.” (Stout v. Hyatt, 13 Kan. 232.)</p> <p>2. -Selection from the Assessment Boll. The statute requiring the jury-list to be selected from the assessment roll has reference to the assessment roll of real estate as well as to that of personal property, and in order for a person to be eligible for jury service it is not necessary that his name shall be upon the personal-property roll.</p> <p>3. Statutory Rape — Cross-examination of Prosecutrix. In a prosecution for statutory rape, where evidence of the birth of a child has been introduced in corroboration of the story of the complaining witness, it is not necessarily error to sustain objections to questions asked of her on cross-examination the only purpose of which is to show that at about the time of the alleged commission of the offense charged she had been ■ in company with other men. (See, post, p. 200.)</p> <p>4. - Circumstantial Evidence in Corroboration — Instruction. Where in a criminal prosecution the state relies upon direct evidence of the offense charged, and circumstantial evidence is introduced only for the purpose of corroboration, it is not error to refuse to give an instruction telling the jury what would be necessary to warrant a conviction on circuifistantial evidence.</p> <p>SYLLABUS BY THE COURT.</p> <p>Statutory Rape — Cross-examination of Prosecutrix. In a prosecution for rape, where the charge is that the defendant had sexual intercourse with the complaining witness with her consent, and the state relies upon the complainant’s story, corroborated only by