State v. Stratton

Citations

• 103 Kan. 226
• 173 P. 300
• 1918 Kan. LEXIS 229

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Arson — Trial — Presence of Defendant — Absence of Jury to View Scene of Crime. The statute providing that the defendant in a felony prosecution cannot be tried unless personally present during the trial does not forbid the sending of the jury to view the place of the alleged offense without his accompanying them; and if the provisions 'of the bill of rights that the accused shall be allowed to appear and defend in person and by counsel, and to meet the witness face to face, give him a right to accompany the jury on such a trip,- he waives the right by failing to ask leave to exercise it.</p> <p>2. Same — Absence of Jury to View Premises — No Request by Defendant to Accompany Jury — Waiver. An objection by the defendant in a felony prosecution to the jury’s being sent to view the place of the alleged offense, upon the ground, among others, that he has a right to be present at all the proceedings of the trial and to have the evidence presented by witnesses whom he meets face to face, does not amount to a request to be allowed to accompany them, and does not prevent his omission to make such- a request from effecting a waiver of any' right he may have in that regard.</p> <p>S. Same — Jury Sent to View Premises — Changes in Premises — No Ground for New1 Trial. The act of a prosecuting officer in. making a change in the premises where the offense was alleged to have been committed held not to have been a ground for granting a new trial, inasmuch as’ the defendant testified to having himself restored things to their original condition before the inspection by the jury.</p>