State v. Gibbs

Citations

• 105 Kan. 52
• 181 P. 569
• 1919 Kan. LEXIS 13

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Criminal Trial — Evidence in Chief Admitted on Rebuttal — Not Reversible Error. Ordinarily it is irregular and improper to permit the state, in a criminal prosecution, to introduce, as rebuttal, such evidence as properly pertains to the state’s evidence in chief, but reversible error cannot be predicated thereon unless timely objection is made to the introduction of such evidence.</p> <p>2. Same. In a criminal prosecution, where the state fails to establish a ;prima facie case against the defendant by its evidence in chief, the defendant is entitled to a directed verdict in his behalf; but where that is denied, and the defendant offers evidence in his own behalf, the trial court, for good reason and in furtherance of justice, may permit the state to offer further evidence which properly pertained to the case in chief. (Crim. Code, § 227.)</p>