State v. Horine

Citations

• 70 Kan. 256
• 78 P. 411
• 1904 Kan. LEXIS 35

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Perjury — Allegation of Materiality of False Testimony. In a prosecution for perjury the materiality of the false testimony to the cause in which it was given may be pleaded in either of two ways : (1) Pacts may be averred from the relation of which materiality is made to appear; (2) or a direct allegation may be made that the testimony was material.</p> <p>2. Criminal Procedure — Arraignment after Jury have been Sworn. If in a felony case the defendant and his attorneys appear when the case is called for trial and participate in the selection of a jury, and after the jury have been sworn it be discovered that the defendant has not been arraigned, and that no plea has been entered, the court may then cause the defendant to be arraigned, require him to plead, and, upon his refusal to do so, enter a plea of not guilty for him, reswear the jury already chosen, and proceed with the trial of the case.</p> <p>3. Perjury — Proof of Official Character by Secondary Evidence. In a prosecution for perjury committed before a justice of the peace the justice may, for the purpose of proving his official character, give oral testimony as to the contents of lost documents relating to his title to office, and as to his public discharge of the duties of the office under a claim of official right.</p> <p>4. -Proof of the Pendency of a Proceeding. In a prosecution for perjury the complaint filed and warrant served in the action in which the false testimony was given are competent and relevant to prove the institution and pendency of the proceeding to which they related.</p> <p>5. Bill op Exceptions — Word “Until” Construed. If by an order in a criminal case a defendant be required to enter into a recognizance for his appearance in court on June 25, 1904, and he be given until that time in which to present á bill of exceptions, the strict legal and lexigraphie meaning of the word “until” is controlled by the context, and the bill may be presented on t