State v. Hammon

Citations

• 84 Kan. 137
• 113 P. 418
• 1911 Kan. LEXIS 294

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Jury and Jurors- — Opinions—Error in Overruling Challenge Immaterial — Admissions by Defendant. The appellant, a hack driver, called about midnight for two traveling men, and while in the building two girls, L and P, under eighteen, entered the hack. The two men entered and the four were driven by appellant for about twenty minutes, during which time one of the men, Y, committed rape upon one of the girls, L. She claims she called to appellant to let the girls or the men out, but it does not appear that he responded to the call. After the two men left the hack appellant permitted the two girls to remain therein several hours, and finally landed them at a hotel, giving them money to pay for a room. V and appellant were informed against at the same time, one for rape upon L and the other for rape upon P, the same date being laid in each information and the names of the same witnesses indorsed on each. V was tr-ied November 6, 1909, when appellant’s trial was postponed upon his application. V was convicted of the offense charged. The two girls testified in his case, and L exhibited to the jury an undergarment, claimed to have been worn by her when the offense was committed by V and claimed to have blood spots caused by its commission. Two doctors testified as to an examination of L and that the offense had been committed. The appellant was tried November 29, and over his objection five of the jurors in V’s case were permitted to sit in the trial of appellant, several of them after he had exhausted his peremptory challenges. Held, error, but owing to his admissions upon the stand, his conviction being for an attempt only, the error is not substantial, and the judgment is affirmed.</p>