State v. Kesner

Citations

• 72 Kan. 87
• 82 P. 720
• 1905 Kan. LEXIS 314

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Criminal Law — Anonymous Letters — Identification—Admissibility. When evidence has been introduced in a criminal action showing that the defendant has been accused of causing certain letters to be written which were signed by other names or were anonymous, and that the defendant did not deny the accusation, but on the other hand by his statements showed a knowledge of the contents of the letters and attempted to justify or explain the demands for money therein made, such letters, if otherwise competent, are admissible in evidence against him.</p> <p>2. - Judicial Notice — Journal of Court. A trial court will take judicial notice of its own records, and a journal entry of a proceeding at a former term in the same case will, if otherwise competent, be received in evidence without any preliminary evidence by way of identification.</p> <p>3. -Forfeiture of Recognizance — Evidence of Flight. While not conclusive, an order of the trial court forfeiting the defendant’s recognizance on his failure to appear for trial is some evidence of his flight, and is admissible in evidence as a circumstance to be considered by the jury in determining his guilt or innocence.</p> <p>4. - Corpus Delicti — Evidence—Case Followed. The rule adopted in The State v. Davis, 48 Kan. 1, 28 Pac. 1092, that in a criminal prosecution where the corpus delicti cannot well be proved except by the introduction of evidence tending to show the defendant’s guilty connection with the offense evidence tending to prove both the corpus delicti and the defendant’s guilt may be introduced at the same time, approved and followed.</p>