State v. Nelson

Citations

• 68 Kan. 566
• 75 P. 505
• 1904 Kan. LEXIS 146

Syllabus

<p>SXXLABUS BY THE COURT.</p> <p>1. Evidence — Testimony of Witness at Former Trial — Bill of ■ Rights. The fact that a witness against the defendant in a criminal case is outside of the state at the time of the trial, and therefore beyond the reach of process, authorizes the introduction in evidence of the testimony given by the witness at a former trial of the same case, notwithstanding an opportunity to' subpoena the witness may have been neglected by the prosecution. The requirement of the bill of rights that the accused shall be allowed to meet the witness face to face is complied with in that he has ■ already at the former trial been confronted by the absent witness, and at the later trial meets the witness who gives evidence of what such former testimony was.</p> <p>2. Homicide — Instructions Concerning Threats by Deceased. In a homicide case where self-defense was relied on by defendant, there was testimony of threats made against him by the deceased, some of which were communicated to him. The court instructed correctly as to the consideration to be given to threats as showing the state of mind of the deceased, but omitted any reference to the communication of the threats. No instruction as to com-’ municated threats was asked. Held, not error.</p>