State v. Ryno

Citations

• 68 Kan. 348
• 74 P. 1114
• 64 L.R.A. 303
• 1904 Kan. LEXIS 111

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Criminal Law — Assaultwiih Deadly Weapon. One charge^in an information with shooting with intent to kill with a deadly weapon, under section 38 of the crimes act (Gen. Stat. 1901, §2023), may upon sufficient proof be convicted under section 42 of the same act (Gen. Stat. 1901, § 2027), of wounding under circumstances that would have constituted manslaughter in the fourth degree if death had ensued.</p> <p>2. Evidence — Proof of Handwriting. Proof of the genuineness of a disputed writing may be made by a comparison with other writings of the same person, either admitted or clearly proved to be genuine.</p> <p>-Handwriting— Questions for Court and Jury Distinguished. The sufficiency of the proof of a writing to be admitted as a standard of comparison is a question to be passed upon in the first instance by the court, but the weight and effect to be given the evidence by comparison, including the genuineness of the standards, is ultimately a question for the determination of the j ury; to -</p> <p>4. -- Testimony of Expert— Use of Blackboard. An expert in handwriting may give not only an opinion, but the reasons for his opinion, in his examination in chief, and for the purpose of illustrating and explaining his testimony and conveying to the jury the reasons for his opinion he may be permitted to make illustrations upon a blackboard.</p> <p>5. CRimihal Practice— General Instructions about Seasonable Doubt, etc. Where there is a general instruction that each juror shall act upon his own judgment, and that each must be satisfied beyond a reasonable doubt that every element of the offense has been proved before there can be a conviction, it is not necessary to apply this rule of individual right and responsibility of jurors to each feature and element of the offense.</p> <p>6. - Instruction Concerning Failure of Defendant to Testify. The defendant not having testified in his own behalf, the court instructed the jury that “while the stat