State v. McClellan

Citations

• 79 Kan. 11
• 98 P. 209
• 1908 Kan. LEXIS 176

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Criminal Law—Absence of a Witness—Testimony Given at a Former Trial. Before the testimony of a witness given, at a former trial can be read in evidence by the state against a defendant in a criminal prosecution, over his objection, it must be made to appear that the witness who gave such testimony can noj;, by the exercise of reasonable diligence, be produced.</p> <p>2. -Same. In such a case the mere production of a subpoena which has been issued for the absent witness, with a return of non est thereon, without any further showing as to the residence or, whereabouts of such witness or of the extent of the search made for him, is insufficient, and the introduction of such evidence under such circumstances is error.</p> <p>3. -Evidence of General Reputation. In a criminal case the • defendant, to establish his good character, produced a witness who, in chief, testified that he was acquainted with the defendant’s general reputation for honesty and integrity in the community where the defendant resided, and that such reputation was good; that he had been acquainted with the defendant six or seven years, during which time the defendant had worked for the witness; and, on cross-examination, the witness stated that the only persons he had heard speak about the character of the defendant were members of his own family. He further said: “I don’t know as I ever heard it questioned—that it ever came up any more than any other gentleman’s.” The court struck out the evidence of the witness on the ground that it did not tend to establish a general reputation. Held, error.</p>