State v. Schroeder

Citations

• 103 Kan. 770
• 176 P. 659
• 1918 Kan. LEXIS 379

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Attempted Homicide — Excluded Evidence — Not Presented on Motion for New Trial — Not Beviewable. Objections to the exclusion of testimony cannot be considered on review where the offered testimony is' . not brought to the attention of the trial court on the motion for a new trial as the code requires.</p> <p>2. Same — Remarks of Court — Not in Record. Criticisms by the trial court of things said by counsel in his opening statement to the jury are not available as error where the statements are not preserved in the record.</p> <p>3. Same — Law of Self-defense. The general rule is that the right of self-defense does not imply the right of attack, and one who is the aggressor and who provokes or brings on an affray in which he kills or inflicts bodily harm to his adversary, or who produces the occasion which makes it necessary for him to commit homicide or inflict the injury, cannot justify his act on the plea of self-defense.</p> <p>4. Same — No Prejudicial Error in Instructions. Challenged instructions on the subject of self-defense examined, and held not to be prejudicially erroneous.</p> <p>5. Same — Verdict—No Degree of Offense Stated — No Error. Verdict based on sections 38 and 42 of the crimes act is held not to be invalid because no degrees of the offense committed were specified in it.</p>