State v. Sexton

Citations

• 91 Kan. 171
• 136 P. 901
• 1913 Kan. LEXIS 355

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Trial — Application for Continuance- — Illness of Defendant— Conflicting Evidence. A denial of applications for continuance based upon a consideration of evidence abundant and conflicting is not erroneous.</p> <p>2. Change of Yenue — Prejudice of Judge. When a trial judge is conscious that he has no prejudice against a defendant he is justified in refusing a change of venue asked for on the ground that he is prejudiced.</p> <p>3. Trial for Misdemeanor — Willful Absence of Defendant. In a misdemeanor case- — a continuance applied for on the ground of the defendant’s physical condition having been rightfully refused — his counsel refused to plead for him, whereupon the court entered a plea of not guilty and the trial proceeded, defendant’s counsel remaining and cross-examining the state's witnesses. After a verdict of guilty had been returned the defendant personally received sentence. Held, that his absence and failure to plead do not entitle him to a new trial.</p> <p>4. Cross-examination — Collateral Issues — Foundation for Impeachment. The rule that a foundation for impeachment- can not be laid by questions on cross-examination which involve collateral issues, followed.</p> <p>5. NuisanCE-*-Evidenee — Exhibits—Consignments of Liquor Delivered to Defendant. In a prosecution for unlawfully selling intoxicating liquor ^nd maintaining a nuisance the state was permitted to introduce certain exhibits showing shipments of liquor by the consignors to themselves with directions to notify one of their clerks. It was shown that such clerks gave directions to the carrier to deliver the packages to a drayman who delivered them to the defendant who expressed satisfaction with the arrangement. Held, that such exhibits were competent.</p>