State v. Lackey

Citations

• 72 Kan. 95
• 82 P. 527
• 1905 Kan. LEXIS 316

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Criminal Law — Erroneous Instruction Cured by Other Instructions. An instruction which states a proposition of law in general terms, and which is generally correct but is erroneous and misleading in the case on trial, may be corrected by other instructions so specific in their terms, and so unmistakably applicable to the facts shown by the evidence, that no jury could reasonably be misled by the general instruction. In such case the error is cured.</p> <p>2. -Refusal of a New Trial — Conflicting Evidence — Review. When, on a motion for a new trial, the evidence is conflicting, and the ruling of the court upon the motion evidently amounts to a finding upon the disputed fact or facts, such finding should not be disturbed unless the ruling also involves añ, error of law or an evident abuse of the discretion with which the trial court is vested in determining such motions.</p> <p>3. -New Trial — Newly Discovered Evidence. A new trial should not be allowed on the ground of newly discovered evidence when such evidence appears to be competent only for the purpose of impeaching the witnesses of the opposite party or when it is merely cumulative.</p>