State v. Luft

Citations

• 104 Kan. 353
• 179 P. 553
• 1919 Kan. LEXIS 265

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Assault with Intent to Kill — Cross-examination of Defendant— Impeaching Evidence Properly 'Received. The defendant, on trial for assault with intent to kill, claimed he was endeavoring to apprehend the person assaulted for the commission of a crime, and sought to justify the force used. He testified on direct examination, that the person' assaulted fought him. On cross-examination he said the person assaulted fought him with a knife and cut him. He was then impeached by evidence that the wound was not made with a knife at all, and was suffered subsequently to the encounter and at a different place. Held, the impeaching evidence was properly received.</p> <p>2. Same — Verdict of Guilty — New Trial Granted — Order Granting New Trial Subsequently Set Aside — Neio Trial Denied — No error. After verdict of guilty a motion for a new trial was sustained, and the cause was continued- to the next term. Subsequently, but at the same term, a motion to reconsider the ruling was entertained, and hearing of the motion to reconsider was postponed to a stated day of the next 'term. At the next term the motion to reconsider was allowed, and the motion for a new trial was reconsidered and overruled. Held, the court possessed power to pursue thq course taken.</p> <p>3. Same — New Trial — Authority of Court Over the Work of the Term. Section 274 of the code of criminal procedure, providing that the granting of a new trial places the parties in the same situation as if no trial had occurred, has no reference to the power of the court during the term over the work of the term, and contemplates those orders granting new trials which ultimately become final orders on the subject.</p> <p>4. Same. Authority to revise proceedings during the term at which they occurred,' includes authority to require the presence of the defendant whenever necessary.</p> <p>5. Same — Misconduct of Juror — New Trial Properly Denied. The proceedings examined, and held that a n