State v. Kipers

Citations

• 109 Kan. 577
• 201 P. 68
• 1921 Kan. LEXIS 324

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Rape — Insufficient Application for Continuance. In a criminal action, a verified application for a continuance on account of the absence of a witness failed to show to what the witness would testify. In a supplemental oral application afterward made, the evidence of the absent witness was set out, but the supplemental application was not sworn to nor verified. Held, that it was not error to deny a continuance.</p> <p>2. Same — Evidence—Child May Be Exhibited to Jury. In a prosecution for rape by carnally and unlawfully knowing a female under the age of eighteen years, it is. not error to permit the child begotten by the unlawful intercourse to be exhibited to the jury where the child, at the time it is so exhibited, is more than one year old.</p> <p>3. Same — Evidence—Certified Copy of Birth Certificate. It is not reversible error to admit in evidence a certified copy of a certificate of birth made by an attending physician where he on the stand testifies that he obtained from the defendant in a conversation with him all the information from which the facts stated in the certificate were derived, and details the conversation which, if the testimony is true, establishes the facts stated in the certificate.</p> <p>4. Same — Venue—Sufficiently Shown to Be in Butler County. There was evidence sufficient to justify the jury in finding that the offense had been committed in Butler county.</p>