State v. Harris

Citations

• 103 Kan. 347
• 175 P. 153
• 1918 Kan. LEXIS 262

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Arson — Inquisition before Fire Marshal — Use of Testimony on Trial. The testimony of a witness voluntarily given in an inquisition to determine the origin of .a fire, held by the state fire marshal or county attorney under an act relating to protection against fire (Laws 1917, ch. 198); may be used so far as relevant in a prosecution for arson subsequently brought against the witness.</p> <p>2. Same — Evidence at Inquisition — Not Involuntary. Such testimony is i not deemed to be involuntary because given in response to a sub.poena, or because a witness refusing to appear or to testify is subject to punishment, nor yet because of the statutory provision that no persons shall be present at the inquisition except the officers and that the testimony taken shall not be disclosed to any one else.</p> <p>8. Same — Inquisition—Witness Not Required to Criminate Himself. In ' such an inquisition a witness is at liberty to claim his constitutional privilege of refusing to give answers that would criminate himself, the same as in an ordinary action, and if he does not claim the privilege, but thereafter, in a prosecution against him, takes the stand and gives testimony in his own behalf, he may be cross-examined as to statements and admissions made in an inquisition before the fire marshal.</p> <p>4. Same — Evidence of Other Acts of Arson. Testimony that other acts of arson were committed by defendant in order to obtain insurance, shortly before the setting of the fire under prosecution, may be admitted to prove the ingredient of intent of the .crime charged.</p> <p>5. Same — Inspection of Premises by Jury. The fact that a jury, sent out to inspect certain premises in relation to which testimony had been given, viewed other premises on the way, will not vitiate their verdict, unless it appears that a party suffered prejudice by the unauthorized view.</p> <p>6. Same — Information—Two Counts — Same Offense — No Election Required. The informat