State v. Miller

Citations

• 71 Kan. 200
• 80 P. 51
• 1905 Kan. LEXIS 118

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Rape — Testimony of Prosecutrix. In a prosecution for statutory rape, where the prosecutrix testified to intercourse with defendant, it was competent for her to testify that conception followed, that in due time a child was born, and that defendant was the father of the child.</p> <p>2. Practice, Supreme Court — Abuse of Discretion. How far leading- questions are essential to the ends of justice must be left largely to the sound discretion of the trial court, and, unless there has been a clear abuse of such discretion, a reviewing court may not interfere. -</p> <p>3. Rape — Proof of Age of Prosecutrix. It was competent for the prosecuting witness to testify as to her age, although her parents were present and gave testimony with respect to that fact.</p> <p>4. -Entry in Family Record Improperly Admitted. An entry in a family record of the age of a child, made by, or at the instance of, her father, is not admissible in evidence where he is alive and is a witness in the case.</p>