State v. Howland

Citations

• 100 Kan. 181
• 163 P. 1071
• 1917 Kan. LEXIS 290

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Criminal Trial — Indorsement of Names on Information — Judicial Discretion. The belated indorsement of names of witnesses upon an information charging a criminal offense is a matter within the sound discretion of the trial court; and, where it does not clearly appear that the defendant was prejudiced thereby, the granting of permission to indorse the names of witnesses on the information when the case is called for trial is not error.</p> <p>2. Same — Statutory Rape — Incompetent Evidence. When direct, positive and legally sufficient testimony to support the criminal charge stated in an information has been introduced in evidence, the fact that certain' features of some merely corroborative evidence, also introduced over objection, were incompetent is not ordinarily of such gravity as to necessitate a reversal of the judgment.</p> <p>3. Same — Not a Fair and Impartial Trial — New Trial. The evidence urged in support of a motion for a new trial examined and held to show that parties interested in the prosecution prevented the defendant from making effectual preparation for his defense and that the result deprived him of a fair and impartial trial.</p>