State v. Marsee

Citations

• 93 Kan. 600
• 144 P. 833
• 1914 Kan. LEXIS 478

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Statutory Rape — Incompetent Evidence — Improper Liberties with Other than Complaining Witness. In a prosecution for statutory rape upon his stepdaughter, the state was permitted to introduce evidence that upon one occasion the defendant had been accused by his own daughter of attempting improper liberties with her, and that upon this accusation being made (in the presence of the complaining witness) he had struck her. Held, that error was thereby committed requiring the granting of a new trial.</p> <p>2. Same — Contradictory Statements by Complainant — Competent Evidence to Explain. The complaining witness was permitted to testify that her mother had told her that the defendant had threatened them both with death if they appeared against him. It was shown that a prior prosecution had failed because at the preliminary hearing the complainant had testified to the innocence of the defendant. Held, that the evidence was competent as tending to explain the former testimony.</p> <p>3. Same — Defendant’s Wife Competent Witness Against Him. The defendant’s wife was permitted to testify to a conversation with him. Held, that the provision of the criminal code that no one shall be rendered incompetent to testify in a criminal case by reason of being the husband or wife of the accused removes the only objection to the admissibility of such evidence.</p> <p>4. Same — Rulings Not Prejudicial. . Other trial rulings examined and held not to be materially erroneous.</p>