State v. Moore

Citations

• 67 Kan. 620
• 73 P. 905
• 1903 Kan. LEXIS 306

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Murder — Competent Circumstantial Evidence. Upon the trial of an action for murder, circumstantial evidence tending to prove that a person other than the defendant participated in the crime, and involving the conduct of such person exhibited immediately after its commission and under its apparent stimulus, may be introduced if it tends to prove the character of the homicide and the motive with which it was committed, and does not in itself show the defendant’s connection therewith.</p> <p>2. - Technical Error in Exclusion of Testimony. A technical error committed by the trial court in refusing to permit a question to be answered as not cross-examination will not be sufficient to cause a reversal of a judgment entered upon a verdict of murder in the second degree, when from an examination of the’ record it appears that the substantial rights of the defendant were not prejudiced.</p> <p>3. -Instructions as to Second Degree. If, upon the trial of a defendant informed against for murder in the first degree, circumstantial evidence relied on for conviction be susceptible of interpretation in such manner as to exclude deliberation and premeditation, an instruction upon the law of murder in the second degree should be given.</p>