State v. Ling

Citations

• 91 Kan. 647
• 138 P. 582
• 1914 Kan. LEXIS 94

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Adultery- — One Party Thereto Charged and Tried Separately. One party to an act of adultery may be charged and tried without joining the other.</p> <p>2. Same — Change in Information Not Prejudicial Error. A verbal change, unsubstantial in character, made in certain counts of an information more than two years after the commission of the offense, together with reverification without refiling, did not bring into operation the statute of limitations as to another count left unchanged on which alone conviction was had.</p> <p>3. Same — How Adultery Should be Charged — Competent Evidence to Prove. In this state voluntary illicit intercourse between two persons, one married and the other single, is adultery in the former and fornication in the latter, and hence to charge adultery it is not necessary to allege that the paramour was a married person. But when such charge is made the marriage may be proved by any competent evidence, direct or indirect, and in this case the testimony, including that of the husband to the marriage ceremony and a showing of a subsequent divorce, was sufficient to warrant a finding that the parties were married.</p> <p>4. Photograph — Competent Evidence. A photograph or a copy thereof is receivable in evidence when it is shown to look like the person or object sought to be identified.</p> <p>5. Adultery — Competent Evidence to Prove. In a prosecution for adultery it is competent to show to what extent the parties associated together for several months before and after the date of the alleged offense.</p> <p>6. Reasonable Doubt — Definition. It is not error to give substantially the definition of reasonable doubt approved in The State v. Patton, 66 Kan. 486, 71 Pac. 840.</p>