State v. Hoel

Citations

• 77 Kan. 334
• 94 P. 267
• 1908 Kan. LEXIS 268

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Information — Perjury. The defendant was convicted of perjury. He was charged with having witnessed the commission of a murder, and when called as a witness by the state, upon the trial of the supposed murderer, denied having been present at the homicide or having seen the act committed. The killing was done by a blow with a club. The information, after reciting a history of the transaction, contains averments which read: “And all of said things did occur in the immediate presence of said Chamberlain Hoel, and he, the said Chamberlain Hoel, did witness all of said acts, and did have full knowledge thereof, . . . and that the testimony so given by said Chamberlain Hoel, as aforesaid, was false, and was by him at the time known to be false.” These sufficiently charge that he saw the crime committed and remembered it when testifying as a witness.</p> <p>2. - Redundant and Irrelevant Recitals. Recitals in an information charging perjury which merely describe the transaction about which the alleged false testimony was given, and the hearing or trial upon which the accused testified, will not, even if unnecessarily full, make the information defective, and it is not error to deny a motion to strike out such recitals as redundant and irrelevant.</p> <p>S. Instructions • — Substance of Those Requested Given. The refusal of the district court to give instructions to the jury as requested by the defendant will not be deemed erroneous when other instructions given are substantially the same as those refused.</p> <p>4. Perjury — Materiality of Alleged False Testimony. In a prosecution for the crime of perjury the evidence charged to be false will be regarded as material .if it tended to prove or disprove a material fact involved in the trial where the alleged perjury was committed, regardless of the eifect which such testimony may have had in the case.</p> <p>5. -Proof of Motive. Whether or not a defendant charged with a crime had an adequate