State v. Shives

Citations

• 100 Kan. 588
• 165 P. 272
• 1917 Kan. LEXIS 381

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Liquor Prosecution — Evidence Warranted Conviction. In a prosecution for the sale of intoxicating liquor the evidence held sufficient to sustain a conviction, although the witnesses who drank it professed not to be certain as to the character of the beverage sold.</p> <p>2. Same — Circumstantial Evidence — Instructions. The omission to give an instruction regarding circumstantial evidence held not to have constituted error.</p> <p>3. Same — Opinion Evidence. Testimony regarding a fact is not to be characterized as opinion evidence because the witness undertakes to give only his belief in the matter.</p> <p>4. Same — Remark of Trial Judge — Not Prejudicial Error. A remark by the trial judge suggesting a doubt of the candor of a witness held to have had a sufficient basis to prevent its constituting error.</p>