State v. King

Citations

• 101 Kan. 189
• 165 P. 665
• 1917 Kan. LEXIS 51

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Homicide — Voir Dire Examination of Juror — Objection to Question Properly Sustained. On the voir dire examination of jurors in a prosecution for murder, counsel for defendant asked a juror whether, in case the evidence showed that about six months before the crime was committed the defendant was intoxicated and made a threat against the deceased, that would be “evidence in your mind that he was guilty of the crime charged against him.” Held, that an objection to the question was properly sustained.</p> <p>2. Same — Instruction—Weight to be Given Defendant’s Testimony. Besides giving the usual instruction that the jury might properly consider the interest of any witness in the result of the trial as affecting his credibility, the court also instructed:</p> <p>“You are further instructed that the defendant is a competent witness in this casé, and you must consider his testimony in arriving at your verdict; but, in determining what weight and credibility you will give to his testimony in making up your verdict, you may take into consideration, as affecting his credibility, his interest in the result of the case, and that he is the accused party on the trial, testifying in his own behalf.”</p> <p>Held, that while ordinarily the giving of such an instruction under such circumstances is not approved, it can not be regarded as error since it was natural for the jury to consider the defendant’s interest in the result, as well as their duty to consider it in determining the credit to be given to his testimony.</p> <p>3. Same — Instruction Relating to Alibi. The instructions relating to the defense of an alibi examined and held sufficient.</p> <p>4. Same — Failure to Instruct Relative to Defendant’s Crippled Condition — Not Error. In a prosecution for murder defendant offered evidence tending to show that, because of the crippled condition of his right hand, it was a physical impossibility for him to hold and discharge an automatic pistol