State v. McLemore

Citations

• 99 Kan. 777
• 164 P. 161

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Rape — Statement of Complainant — Incompetent Evidence — Not Reversible Error. In a prosecution for rape, it is incompetent for the party to whom the assailed made complaint to give in evidence the name of the .assailant; but where there is no question concerning the identity of the party making the assault, and where there is no question that he was present at the time and place of the alleged assault, no reversible error is committed in giving the name of the assailant.</p> <p>2. Same — Impeaching Witness on Collateral Matter. Evidence should not be admitted to contradict a statement of a witness elicited on cross-examination, on an immaterial, collateral matter; but where such evidence is admitted, a judgment will not be reversed where the-evidence could not have produced any prejudicial effect on the jury.</p> <p>S. Same — Refusal to Permit Questions on Cross-examination — Not Reversible Error. In a prosecution for rape, on the cross-examination of the person assaulted, it is proper to show that she contracted with attorneys to bring an action for damages for the alleged assault; but the refusal of the court to permit such cross-examination will not cause a reversal of the judgment where it does not appear that any harm was done by its exclusion.</p> <p>4. Same — Refusal to Instruct on Intent to Commit Rape — No Error. It is not error to fail to instruct the jury concerning assault with intent to commit rape, where the evidence to prove the offense shows a completed offense at a certain time and place, and the statements of counsel and the evidence of the witnesses are all directed to that time and place, although there may be other incidental evidence which proves acts which tend to show that the accused attempted an assault at another time and place.</p> <p>5. Same — Evidence Sufficient to Convict. It is held that the evidence was sufficient to show that the crime of rape was committed.</p> <p>6. Same — Misconduct of Counsel