State v. Ray

Citations

• 111 Kan. 350
• 207 P. 192
• 1922 Kan. LEXIS 245

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Coram Nobis — Lije Imprisonment — Written Confession Claimed to Have Been-Procured by Beatings and Threat of Mob Violence — Issue Tried to Jury — Competent Evidence to Negative Defendant’s Affidavit. In a proceeding coram nobis brought by one who had been sentenced to imprisonment for life on the charge of murder in the first degree, it was claimed that he had been induced to sign a written confession and enter a plea of guilty by reason of beatings administered to him at the hands of police officers and by threats inducing him to fear mob violence. Held, that the testimony of the district judge or of any person who was present at the time the confession was prepared and signed, or when the plea of guilty was entered, was competent to negative the statements in the affidavit for the writ.</p> <p>2. Same — Evidence-r-Inconsistent Statements of Petitioner. It was not error to admit in evidence statements made by the petitioner at the time of his arrest, which were inconsistent with statements made in his affidavit for the writ.</p> <p>3. Same — Instructions Relative to Issues to be Tried and Determined by Jury in This Proceeding Proper. Instructions charging that the evidence regarding the question of his guilt or innocence of the crime charged had been admitted only in so far as it related to the issues in this proceeding, and could not be considered by the jury for any other purpose; that the burden of proof was upon the petitioner;,and that if the jury found from the evidence that the plea of guilty was freely and voluntarily made because of the fact of appellant’s guilt and not because of undue influence, duress, assaults or threats, then the proceeding before the district court at the time the petitioner was sentenced was correct and orderly, are held proper instructions.</p> <p>4. Same. Instructions to the effect that on the face of the record the proceedings were regular, and that the burden of proof rested upon the petitione