State v. Hinkley

Citations

• 81 Kan. 838
• 106 P. 1088
• 1910 Kan. LEXIS 439

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Evidence — Self-serving Declarations. In the trial of a murder case evidence of a declaration made by the defendant previous to the homicide, offered for the purpose of disproving malice or ill will and as tending to prove a proper spirit of friendliness toward the deceased, was properly excluded as a self-serving declaration.</p> <p>2. - Procedure to Obtain Inspection or Copy of Documents under Control of Opposing Party. In order that a defendant in a criminal action may avail himself of the provisions of section 209 of the criminal code and sections 368 and 369 of the civil code (Gen. Stat. 1901, §§4816, 4817), providing for an inspection and copy or permission to take a copy of a paper or document under the control of the attorneys for the state, he must, where compliance with the demand is refused, ask for and obtain an order from the court or judge requiring the adverse party to give him, within a specified time, an inspection and copy or permission to take a copy of such paper or document. The mere serving of notice of a demand for an inspection as provided in section 368, without obtaining such order, is not sufficient.</p> <p>3. -Right of Defendant to Inspection — Demand Refused — • Introduction Ove¥ Defendant’s Objection.' In this case, held, in common fairness the defendant should have been permitted before going to trial to inspect the transcript of the testimony taken at the coroner’s inquest, it appearing that it contained evidence material to his defense, that no transcript or report of the testimony had been filed as the law requires in the office of the county clerk, and that the original transcript of such testimony was in the possession or under the control of the county attorney.</p> <p>4. Criminal Law — Statements of Opinion by Prosecutor in Argument — Immaterial Error. In the trial of a criminal action, where the defendant was charged with murder, the prosecuting attorney in his closing argument to the jury us