State v. Handrub

Citations

• 113 Kan. 12
• 213 P. 827
• 1923 Kan. LEXIS 323

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Statutory Rape — Preliminary Examination — Completed, Entries in. Record of Justice of Peace. Upon a plea in abatement in a trial for a felony the record of a preliminary examination made by the justice of the peace may by leave of court be completed so as to speak the truth by making additional entries therein not inconsistent with the record as previously made.</p> <p>2. Same — Preliminary Examination — Nature and Character of Offense Charged. The defendant must take notice from the evidence on the preliminary examination as well as from the complaint and warrant of the nature and character of the offense charged against him, and where the evidence shows two carnal acts committed upon a female under the age of eighteen years, both may be charged in the information although only one act was alleged in the warrant for arrest.</p> <p>3. Same' — Negotiations for Settlement — Settlement No Defense to Crime Charged. After the commission of the offenses charged civil suits to recover damagés were brought against the defendant. A settlement was made, and these actions as well as the criminal prosecution instituted were dismissed. Later the present prosecution was begun, and defendant brought other actions against a number of parties to set aside a conveyance made and a mortgage given in the settlement, charging that a conspiracy had been formed to extort money and property from him, using the criminal charge against him to effect their wrongful purposes. At the trial the court refused to allow an extended inquiry as to the settlement made subsequent to the commission of the offenses and as to the civil actions which had been brought. Held, the limitations imposed by the court are not grounds for reversal.</p> <p>4. Same — Evidence. Objections to several rulings on the admission of testimony examined and held to be without material error.</p> <p>5. Same — Instructions. Criticisms of the instructions given the jury are found to be without