State v. Nixon

Citations

• 111 Kan. 601
• 207 P. 854
• 1922 Kan. LEXIS 303

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Homicide — Evidence—Privileged Communications. A statement made by a client to an attorney during consultation may be introduced in evidence against the client over his objection where the statement had no connection with the subject matter about which the client was consulting the attorney.</p> <p>2. Same — Qualification of Juror. On a motion for a new trial, where the truth of the answers given by a juror concerning his qualification to sit as such is questioned and evidence is introduced tending to show that the juror had not answered correctly and other evidence that he had answered truthfully is presented, the finding of the trial court that the juror was qualified will not be disturbed in this court.</p> <p>3. Same — Motion for New Trial — •Newly Discovered Evidence — No Showing of Diligence. An order denying a motion for new trial requested on the ground of newly discovered evidence will not be reversed where there was no showing of diligence to procure the evidence for use on the trial.</p> <p>4. Same — Evidence—Identification of Person by Voice Over a Telephone. A witness may identify another person by the latter’s voice over a telephone in conversation with him. The completeness of the identification goes to the weight of the evidence,' not to its admissibility.</p> <p>5. Same — Murder in First Degree — No Bequest for Instructions Concerning Lesser Degrees of Crime — None Given — No Error. Where a defendant on trial charged with murder in the first degree does not request any instruction concerning murder in the second degree nor any instruction concerning any of the degrees of manslaughter, and the evidence establishes that if he is guilty at all he is guilty of murder in the first degree; it is not error for the court to fail to instruct the jury concerning murder in the second degree or manslaughter.</p> <p>6. Same — Murder Resulting from Conspiracy — Instructions. There was evidence sufficient to justify the court in