State v. Jackett

Citations

• 85 Kan. 427
• 116 P. 509
• 1911 Kan. LEXIS 87

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Witnesses — Indorsing Names on Information — Discretion of Court. Permission to indorse upon an information, when a case is called for trial, the name of the court reporter who merely testified to the correctness of his report of the testimony of witnesses given at a former trial, and the name of another witness whose testimony was given in rebuttal, was within the proper discretion of the district court.</p> <p>'2. - Continuance. The indorsement upon an information of the names of witnesses referred to in the above paragraph afforded no ground for a continuance.</p> <p>'3. Evidence — Clothing of Deceased Competent Evidence. Upon the trial of a charge of murder by shooting, the clothing worn by the deceased when killed may, when identified, be received as evidence tending to show the character and nature of the wound, the manner and means of death, and the proximity of the person using the weapon to the one who is slain. But the spectacular parade of bloody garments should not be per-mitted.</p> <p>4. Admissions — Voluntary Statements of Accused Admissible. The voluntary statements of an accused person, whether made before or after an alleged crime, which statements in connection with other evidence tend to prove, guilt, should not be excluded because they are not part of the res pesia?, nor upon the ground that the acccused is thereby, in effect, compelled to testify against himself. ’</p> <p>■5. Evidence — Hearsay. An offer of proof which includes hearsay testimony of the witness, without which the proposed evidence appears to be irrelevant to the issue, is properly excluded.</p> <p>fi. Self-defense — Covered by Instructions Given. Instructions concerning the right of self-defense, given and refused, and remarks made by a prosecuting attorney in argument to the jury are considered, and held to be free from any error prejudicial to the rights of the appellant.</p>