State v. Simmons

Citations

• 74 Kan. 799
• 88 P. 57
• 1906 Kan. LEXIS 145

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Murder — Plea of Self-defense — Evidence of Defendant’s Reputation. Upon a trial on a charge of murder it is error to exclude competent evidence offered by the. defendant, who admits the killing and claims that it was done in self-defense, which tends to prove that, for twenty years or more, from childhood to within two to four years prior to the homicide, his general reputation as a peaceable, law-abiding citizen in the neighborhood was good, and such error is material and prejudicial notwithstanding the evidence of three witnesses has been received that such reputation of the defendant was good for one or two years immediately preceding the homicide and no evidence to the contrary was introduced.</p> <p>2. - Remoteness as to- Time — Probative Force of Evidence. In such a case evidence of continuously good reputation for twenty years or more, and continuing to within two to four years of the homicide, is not so remote as to raise the presumption that it has no .probative value and is therefore incompetent.</p> <p>3. - Deposition — General Objection. General objections to a deposition as a whole are insufficient if any part of the deposition is admissible in any view' of the case. It is the duty of the party objecting to specify each question or answer upon which he desires a ruling, and to specify the particular grounds of his objection, unless he objects to the admissibility of the deposition as a whole, in which case he should specify his grounds therefor. Such general objection does not justify the exclusion of the entire deposition because a part should be excluded.</p>