State v. Patterson

Citations

• 98 Kan. 197
• 157 P. 437
• 1916 Kan. LEXIS 45

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Liquor Laws — “Persistent Violation” — Several Prior Convictions — ■ No Election Required. In .a prosecution for persistent violation of the prohibitory liquor law, it is not error to deny a motion of the defendant to require the state to elect on which of several prior convictions alleged in and proved under each count it will rely for conviction on that count.</p> <p>2. Same — Evidence—Competency. Certain alleged errors in the admission of evidence have been examined. The evidence complained of was competent.</p> <p>3. Same — Cross-examination of Defendant. There was no error in the cross-examination of the defendant. ■</p> <p>4. Same — Trial—Misconduct of County Attorney. It is not such misconduct as will cause a judgment of conviction to be reversed for a county attorney, in his closing argument to a jury, to say that if the jury should disregard the evidence of certain witnesses and return a verdict of not guilty, it would be of no use to try certain other criminal cases and that he might as well dismiss them, for the reason that the state depends for a conviction in those cases upon the same class of testimony as that introduced on the trial in which, the argument is made.</p> <p>5. Same — Trial—Instructions. Certain instructions have been examined. They fully cover the law concerning the matters complained of, and there was no error in giving or refusing instructions.</p>