State v. Tawney

Citations

• 78 Kan. 855
• 99 P. 268
• 1908 Kan. LEXIS 157

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Criminal Law — “Reputation” or “Character” of a Witness for Truth^and Veracity. The defendant in a criminal action was charged with larceny, and was a material witness in his own behalf. At the trial the state attacked his reputation for truth and veracity. The defendant then called witnesses and offered to prove by them that they knew his “character” for truth and veracity, and that it was good. An objection was sustained to the testimony on the ground that his “reputation” and not-his “character” for truth and veracity was involved. Held, that inasmuch as the distinction between “reputation” and “character” is not commonly understood by witnesses and the terms are frequently used without discrimination both by the courts and the lawmakers, it was error to exclude the testimony. Under the circumstances of this case, held, the error was prejudicial.</p>