State v. Powers

Citations

• 92 Kan. 220
• 139 P. 1166
• 1914 Kan. LEXIS 198

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Assault with Intent to Kill — Section 38 of Crimes AcNPunishment under that Section Proper. In case of an assault made on purpose, of malice aforethought, with a deadly weapon, with intent to kill, as defined in section 38 of the crimes act (Gen. Stat. 1909, §2526), the punishment prescribed in that section is authorized, although the assault is also willful, deliberate and premeditated.</p> <p>2. Same — Denial of Instruction Relative to Section of Crimes Act — Not Error. In a prosecution under section 38, above referred to, it is not error to refuse an instruction embodying section 42 (Gen. Stat. 1909, §2530), where there is no evidence to sustain a verdict of guilty under the last-named section.</p> <p>3. Same — Declaration of Person Assaulted — When Admissible. An objection to evidence of the declarations of the person injured in such an assault is examined, and no error is found in its admission in the situation shown.</p>