State v. Loomer

Citations

• 105 Kan. 410
• 184 P. 723
• 1919 Kan. LEXIS 95

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Statutory Rape — Evidence Nonpre judicial. Rulings in the rejection and admission of evidence in a rape case held to have been correct or nonprejudicial.</p> <p>2. Same — Instructions Not Erroneous. Rulings regarding instructions given and refused held not to have been erroneous.</p> <p>3. Same — Refusal of Certain Instructions — No Material Error. Where the' evidence of the complainant, if true, shows the commission of the completed offense of rape, and there is nothing in the record to suggest the absence of penetration, no material error is committed in refusing to give an instruction that it is necessary for the state to prove actual penetration.</p>