State v. Harris

Citations

• 101 Kan. 187
• 165 P. 667
• 1917 Kan. LEXIS 50

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Statutory Rape — Conviction of “Attempt to Commit” the Offense— Not Error. Under a charge of statutory rape a conviction for an attempt to commit the offense — not an assault with intent to commit —can be had although no specific acts toward the commission of the full offense are set out.</p> <p>2. Same. A girl twelve years old, corroborated as to certain parts of her story, testified to a completed offense. Held, that in view of all the evidence conviction of an attempt to commit the offense was not error.</p> <p>3. Statutory Rape — Certain Evidence Properly Rejected. Medical evidence touching the possibility of self inflicted or accidental injury, which, if expert at all, was merely argumentative, was properly rejected. Likewise evidence touching the possibility of distinguishing between certain kinds of blood stain — -the stained clothing involved herein not having been preserved or described.</p> <p>4. Same — Rejected Evidence. Evidence that the defendant’s wife and the mother of the injured girl frequented certain Mexican quarters and received visits from the men there, and that the wife of the defendant ran away with a Mexican, was offered to show a conspiracy between the two women to get rid of the defendant. Held, that such evidence was properly rejected because involving a collateral issue, and because it would tend only to affect the credibility of the wife who was not a witness, and the other woman whose impeachment was not attempted.</p>