State v. Link

Citations

• 87 Kan. 738
• 125 P. 70
• 1912 Kan. LEXIS 224

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Crime — Assault with Intenti to Rob■ — Accessory■—-Instruct tions. The defendant was.charged alone as principal with the crime of an assault with intent to rob. His guilt did not depend upon his entertaining a common purpose with another person who participated 'in the assault or upon the state of that person’s mind, and instructions asked on the contrary theory were properly refused.</p> <p>2. Instructions — Circumstantial Evidence. It is not prejudicial error to refuse the usual instructions relating to circumstantial evidence when the incriminating circumstances shown by the evidence are merely corroborative of direct proof of guilt ample to sustain a conviction.</p> <p>3. - Alibi — Presence of Defendant. The defendant can not complain of an instruction relating to the defense of an alibi which was based on evidence introduced by him and which was given in response to an instruction which he asked admonishing the jury that his presence at the time and place specified in the information was essential to a- conviction, although the proof clearly showed personal presence and participation in the crime charged.</p>