State v. Olsen

Citations

• 88 Kan. 136
• 127 P. 625
• 1912 Kan. LEXIS 26

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Homicide—Challenging Jurors for Cause. Decisions upon challenges to jurors for cause are sustained upon the authority of The State v. Morrison, 67 Kan. 144, 72 Pac. 554, The State v. Stewart, 85 Kan. 404, 116 Pac. 489, and The State v. Truskett, 85 Kan. 804, 118 Pac. 1047.</p> <p>2. - Argument—County Attorney. Remarks of the county attorney in argument are considered, and it is held that the appellant’s rights were not infringed thereby.</p> <p>8. Instruction—Failure of Defendant to. Testify. An instruction to the effect that the jury should not consider the failure of the defendant to testify as raising any inference of guilt is not erroneous.</p> <p>4. Argument—County Attorney—Vituperation. The defense of insanity having been interposed to a charge of murder the county attorney in his opening argument, after referring to the evidence on that issue, said that the jury might protect the defendant “under the guise of a passing brain storm, . . . but he is a murderer.” It is held that while vituperation and vilification should be avoided, inferences fairly deducible from the evidence and predicated thereon may be stated.</p> <p>. 5. Evidence — Exclamation of Three-year-old Daughter. A daughter of the deceased three years old was present while her father was being killed by the repeated cuts of a corn knife, and exclaimed, “Oh, poor papa, do die.” This exclamation was related by her mother in the course of her narrative of the occurrence. It is held that the denial of a motion to strike out this exclamation was not erroneous.</p> <p>6. —-Emotional Insanity—Insanity at Time of Trial. A medical witness, after giving his opinion in answer to a hypothetical question that the defendant was insane when the homicide was committed, testified on cross-examination that “based on that question this kind of insanity would be fairly termed emotional insanity, or impulsive insanity, or there may be several names applied to it, . . . insanity is no