State v. Morrison

Citations

• 67 Kan. 144
• 72 P. 554
• 1903 Kan. LEXIS 223

Syllabus

<p>SYLLABUS BY THB COURT.</p> <p>1. Trial Judge — Prejudice Must Be Shown. It is not the opinion which a trial judge may entertain as to the guilt or innocence of a defendant about to be put upon trial in his court which disqualifies such judge and entities the defendant to a change of venue, but it is the existence of such prejudice in the mind of the judge against the defendant as may prevent defendant from having a fair and impartial trial of his cause which disqualifies, and such prejudice must be clearly made to appear.</p> <p>2. Homicide — Second Trial, after Reversal. In this-state a defendant tried for murder upon an information charging murder in the first degree and convicted of manslaughter in the second degree, who appeals to this court and obtains a reversal of such judgment, may again be placed upon trial for murder in the first degree and convicted of that offense or any lesser degree of crime charged in the information.</p> <p>3. - Qualifications of Jurors, Killing Admitted. In' the trial of a homicide case where defendant admits the killing and justifies on the ground of self-defense, the act of killing is not the issue to be tried in the case, and a juror wh.o, in his examination upon his voir dire, states that he has formed or expressed au opinion as to the guilt of defendant is not for that reason alone disqualified, if from his entire examination it clearly appears that such opinion is based upon the belief that defendant killed deceased, and that the juror has neither formed nor expressed any opinion as to whether the defendant was justified in taking the life of deceased, as that is the material fact or issue to be tried.</p> <p>4. Practice, Supreme Court — Second Review. All questions of law once considered and determined on a former appeal become the law of the case and are conclusive upon a second appeal to the same appellate court.</p> <p>5. Jury and Jurors — Qualifications — Conditions Precedent. When affidavits charging jurors with havin