State v. Moore

Citations

• 79 Kan. 688
• 100 P. 629
• 1909 Kan. LEXIS 266

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Murder — Information —■ Amendment. In a prosecution for murder it is not error to permit amendments to the information correcting the name of the deceased, where the amendments are made before the trial and in the presence of the defendant.</p> <p>2. - Self-defense—Evidence—Instructions. In a prosecution for murder, where the defense is self-defense, and there is no evidence offered which tends to show an involuntary killing, and the court fully instructs the jury on the second and third degrees of manslaughter, it is not error to refuse to instruct on manslaughter in the fourth degree.</p> <p>3. Practice, Supreme Court—Review of Evidence—New Trial —Qualifications of a Juror. Where an issue of fact involving the qualification of a juror in a criminal case is raised by a motion for a new trial, and all the evidence upon the question is oral, the decision of the trial court denying the motion will be held conclusive if there is any substantial evidence in support thereof.</p>