State v. Sparks

Citations

• 79 Kan. 548
• 99 P. 1130
• 1909 Kan. LEXIS 236

Syllabus

<p>1. Criminal Law—Evidence—Immaterial Error. The erroneous admission of hearsay evidence was cured when the court withdrew such testimony from the jury and cautioned them to disregard it.</p> <p>2. - Rape—Instructions—Lesser Offense. In a prosecution for assault with intent to commit rape, there being no evidence to show that the defendant was guilty of a lesser offense, it was not error to refuse to instruct thereon.</p> <p>3. -Instructions. The rule applied .that alleged error in the refusal of instructions can not be considered where the trial court’s ruling was first questioned in the motion for a new trial.</p>