State v. McDonald

Citations

• 107 Kan. 568
• 193 P. 179
• 1920 Kan. LEXIS 123

Syllabus

<p>syllabus by the court.</p> <p>1. Arson — -Two Defendants Jointly Charged■ — Separate Trial — Testimony of Accomplice Competent. Where two persons are jointly charged with arson and upon a separate trial one of them is offered as a witness against the other, the testimony of such witness, although an accomplice, is competent, and his uncorroborated evidence, if otherwise sufficient, will sustain a verdict of guilty, but the credit to be given to the testimony of an accomplice is a matter for the determination of the jury.</p> <p>2. Same — Certain Evidence Properly Excluded. Testimony offered in behalf of the defendant to the effect that the accomplice was a member of the I. W. W. and was seen talking to a stranger suspected of being a member of that organization was properly excluded.</p> <p>3. Same — Improper Evidence Properly Withdrawn. Ordinarily the prompt withdrawal of improper evidence and an instruction by the court to give it no consideration, cures the error of its admission.</p> <p>4. Same — Instructions as to One Who “Aids, Abets or Assists” in Commission of Crime. In instructing the jury that one who aids, abets or assists in the commission of an offense is equally guilty with another who actually commits it, the court did not define the term “aid” nor did the defendant request that such a definition he given. Held, not error.</p> <p>5. Same — “Concealment” of Crime. Nor is there good ground for the complaint that the court omitted to define the word “concealment” as used in an instruction regarding the aiding and abetting in the commission of an offense.</p> <p>6. Same — Instructions as to Reasonable Doubt. The court having stated that every element of the offense must be established by the evidence and proven beyond a reasonable doubt, and this admonition being applicable to all parts of the instructions, there was no necessity to repeat it in every instruction given on the several propositions in the case.</p> <p>7. Same — Instructions as to Circums