State v. Simmons

Citations

• 78 Kan. 852
• 98 P. 277
• 1908 Kan. LEXIS 156

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Criminal Law — Testimony of Accused Given at a Former Trial Admissible. Where a defendant on trial on a charge of felony voluntarily goes upon the witness-stand and testifies in reference to his connection with the offense charged and the circumstances connected therewith, and after judgment procures a new trial, his evidence, properly identified and reduced to writing by a stenographer at the first trial, may be introduced in evidence by the state upon the second trial.</p> <p>2. -Privilege of Accused — Waiver. In such case, if the accused waives his privilege and takes the witness-stand in his own behalf at any stage of the prosecution, he waives it for every subsequent stage.</p> <p>3. -Absence of a Witness — Testimony Given at a Former Trial. The state may use the evidence of a witness upon the second trial of a felony when the evidence given by the witness on the first trial was reduced to writing and properly identified and at the time of the second trial the witness was dead or was not within the boundaries of the state.</p> <p>4. - Conduct of Prosecuting Attorney in Argument — Discretion of the Court. The extent to which a prosecuting attorney may go in his closing argument in illustrating before the jury what he claims the evidence proves, by placing other •persons or himself in certain positions, is a matter within the ■discretion of the court, and, unless it is shown that such discretion was abused and that the defendant was prejudiced by .an illustration not justified by any evidence in the case, error will not be predicated upon the ruling of the court allowing the same.</p>