State v. Patterson

Citations

• 105 Kan. 9
• 181 P. 609
• 1919 Kan. LEXIS 3

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Manslaughter — Operation on Female to Produce an Abortion — Death. An information charging that the defendants operated upon a woman “pregnant with vitalized embryo,” with the intent to produce an abortion, does not charge an offense under a statute penalizing such act where the woman is “pregnant with a quick child.”</p> <p>2. Same — Instruction Not Misleading. A statemenMn the charge to the jury that each of them should he led, from the testimony, to a clear conviction of the defendant’s guilt, is held from the context to have meant that each juryman should be led to a clear belief that the defendant was guilty before a verdict of conviction could be returned.</p> <p>3. Same — Instruction—Weight of Expert Evidence. An instruction that the weight of expert testimony concerning the condition of an anatomical exhibit depended on whether or not a substitution or alteration had been effected, is held not to warrant a reversal on the ground that it singled out and made unduly emphatic that feature of the matter.</p> <p>4. Same — Evidence — Statements of Deceased Nonprejudicial. In a prosecution for producing an abortion, it is held that the admission of evidence that the subject of the operation, who died as a result thereof, had stated that she was pregnant and was going to see the defendants on that account, was nonprejudieial because not inconsistent with the defense made, whether or not it was technically competent.</p>