State v. Molz

Citations

• 91 Kan. 901
• 139 P. 376
• 1914 Kan. LEXIS 145

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Qualification of Jurors — Question of Fact — Judicial Discretion. The qualification of a juror, who has testified in regard thereto in court, is a question of fact and a matter of judicial discretion to be determined by the court, and its decision thereon will not be disturbed on appeal unless it clearly appears that the court has made a mistake or has abused its discretion.</p> <p>2. Venue — In Criminal Action — Location of Crime — Common Knowledge. Where the venue in a criminal action is established by evidence that the act charged was committed in a certain direction and distance from a town in the county from which the court and jury have common knowledge that the place is within the county, a verdict of guilty, approved by the court, will not on appeal be set aside by reason of the failure of formal proof of the venue.</p> <p>S. Sales — Hay—False Scales — Competent Evidence. Under the facts of this ease, evidence of the weight of the hay sold, as ascertained by weighing the same upon other scales, was competent to establish the true weight thereof.</p>