State v. Hansford

Citations

• 81 Kan. 300
• 106 P. 738
• 1909 Kan. LEXIS 360

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Criminal Law — Testimony Indicating Defendant’s Guilt and Implicating Him in Another Crime. It is not error to permit the county attorney in a criminal prosecution to state to the jury facts which tend to establish the guilt of the defendant of the crime charged because such facts tend to show that he is also guilty of another and different offense.</p> <p>2. - Same. It is not error to permit the state in a criminal prosecution to produce testimony which is relevant and material in establishing the defendant’s guilt of the crime charged because it also tends to establish his guilt of another and different offense.</p> <p>3. - Statutory Rape Defined. Sexual intercourse with a female less than eighteen years of age constitutes rape as defined by section 2016 of the General Statutes of 1901, whether it is accomplished by force or with consent.</p> <p>4. - Statutory Rape — Information — Immaterial Allegations — Variance. In a prosecution for such a crime, where the offense has been committed with the consent of the female and under a promise of marriage, and the information charges that the defendant “did then and there unlawfully, willfully and feloniously make an assault in and upon one Minnie Warrell . . . and in the manner and form aforesaid commit, the crime of rape,” the language of such information importing the use of force and violence is immaterial and surplusage; and the omission to prove such alleged force and violence upon the trial will not constitute a fatal variance between the allegations of the information and the proof.</p> <p>5. -Instructions. It is not error for the court to refuse to^ give an instruction requested when the charge given covers, the point mentioned in the instruction requested.</p>