State v. Pearce

Citations

• 87 Kan. 457

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Qualification of Jurors •— Opinion —■ Judicial Discretion. Some of the persons called as jurors stated that they held opinions as to the guilt or innocence of the defendant, but upon a further inquiry, in which the judge took a leading part, the jurors answered that the opinions which they held were upon questions not in issue in the case. As the answers first given were contradictory of those subsequently made it devolved on the trial court to settle the contradictions and to determine whether these persons held disqualifying opinions, and, there being evidence to support the findings of the court on the question, its decision must be affirmed.</p> <p>2. Declaration op Deceased — Testified to by Wife. The declarations of a person who started from home with a herd of horses as to the place to which he was going and the purpose of his journey are admissible in evidence, and in a prosecution for the murder of the one who made such declarations testimony regarding them may be given by the wife of the deceased.</p> <p>3. Incompetent Evidence — :Must be ' Prejudicial. The admission of some incompetent testimony, which had little, if any, bearing on the' issue being tried, and could not have influenced the verdict or prejudicially aífected. the interests of the . party complaining, will not warrant a reversal of the judgment.</p>