State v. Hoerr

Citations

• 88 Kan. 573
• 129 P. 153
• 1913 Kan. LEXIS 383

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Jurors — Qualifications — Knowledge — Rumors—Newspaper Reports. Where the fact that a burglary had been committed in robbing a bank was notorious, and unquestioned, opinions of persons called as jurymen that the bank had been broken into and robbed did not disqualify them from service on the jury in the trial of one charged with the crime.</p> <p>2. -:— Same. The facts that a person has read newspaper reports of a burglary, and heard general talk about it, do not necessarily disqualify him for jury service if he has no settled conviction of mind nor opinion of a positive and fixed character upon a material disputed fact or issue to be determined, and if he is free from prejudice, bias or interest. »</p> <p>3. Burglary—Conspirators—Evidence—Associations. Where a burglary is committed by several persons, some of whom may have actively participated at the time and place, others counseling, aiding and abetting, and one alone is on trial, evidence of his association with others tending to show a guilty combination or conspiracy, when limited to a reasonable time before the burglary, is admissible.</p> <p>4. Same. Evidence of the identification of such associates and the presence of some of them at or near the place of the burglary was competent, and the fact that some of these associates were identified as persons afterwards seen in jail being an incident of their association and identification, is not objectionable.</p> <p>5. Evidence—Not Prejudicial. Several items of testimony erroneously admitted are considered and found to be unimportaht, and it is held that the substantial rights of the defendant were not affected by the admission of such testimony.</p> <p>6. - Same. It is competent to contradict a witness in a criminal case by reading a statement from his deposition previously taken and filed, after properly calling his attention to the statement.</p> <p>7. Instructions—^Personal Presence of Defendant—Concealing the Crime. Instru