State v. Long

Citations

• 103 Kan. 302
• 175 P. 145
• 1918 Kan. LEXIS 252

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Homicide — Evidence Warranted Verdict. The evidence was sufficient to warrant a verdict of guilty of murder in the second degree.</p> <p>2. Same — Evidence-Repetition of Vulgar and Obscene Language. A conviction of murder in the second degree will not be reversed on account of witnesses not being permitted to -repeat vulgar and obscene language used in threats by the deceased toward the defendant, where the witnesses give the other language used in the threats, repeat the profane language, and describe the vulgar and obscene language.</p> <p>3. Same — Evidence—Improper Cross-examination. On the cross-examination of a witness, it is not error to exclude evidence on matters not testified to in chief, although that evidence concerns transactions connected with the facts in controversy.</p> <p>4. Same — Evidence Properly Rejected. There is no reversible error in refusing to permit a witness to give the substance of a conversation, where the witness states that he cannot give the substance of that conversation.</p> <p>5. Same — Self-defense — Evidence by Defendant. On a murder trial, where the accused testifies that the deceased had threatened to kill him; that he believed the deceased intended to kill him, and was trying to do so; and that the accused was acting in self-defense, it is not error to refuse to permit him to testify further concerning what he believed to he the extent of his danger.</p> <p>6. Same — Evidence—General Reputation of Deceased. One who is on trial charged with murder may show, by general reputation, that the deceased was a quarrelsome, turbulent, and dangerous man, and may show that information of that fact had been communicated to him; but a judgment of conviction will not he reversed for error in excluding evidence of communication of that information, where the whole of the evidence established that the defendant must have known, at the time of the homicide, that the deceased was quarrelsome, turbulent, and