State v. Harmon

Citations

• 70 Kan. 476
• 78 P. 805
• 1904 Kan. LEXIS 69

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Criminal Procedure— Testimony of Absent Witness — Bill of Rights. Where, in the trial of a criminal case, a witness who had given testimony at the preliminary hearing was shown to be absent from the state and beyond the jurisdiction of the court, it.is competent for one who heard the testimony of the absent witness, and remembers it in substance, to testify to his recollection of the substance of the testimony of the absent witness. The requirements of section 10 of the bill of rights (Gen. Stat. 1901, § 92), that the accused shall be allowed to meet the witness face to face, have been complied with where the accused has met the absent witness face to face at the preliminary hearing.</p> <p>2. -- Evidence — Instructions to Jury. On the trial of one charged with keeping a gaming-house evidence was introduced showing that the accused, at the time of his arrest, was in possession of gambling devices in the place charged in the information. The court instructed the jury that this testimony should be considered only to show that the property in question was in appellant’s possession; that the appellant could not be convicted on testimony tending to show that he was the keeper or owner of the place after the time of the issuing of the warrant, or on testimony tending to show that the place described in the information was a gaming-house after the time of the issuing of the warrant. Held, not error.</p>