State v. Terry

Citations

• 98 Kan. 796
• 161 P. 905
• 1916 Kan. LEXIS 196

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Trial — Order of Proof — Immaterial When Not Prejudicial — Judicial Discretion. Ordinarily proof that a crime has been committed should precede evidence tending to implicate the defendant-, but the order of proof is a matter largely within the discretion of the court, and a departure from the usual order that does not operate prejudicially is no ground for a reversal.</p> <p>2. Rape — Contradictory Evidence by State’s Witnesses — State May Cross-examine or Contradict. Where witnesses called to testify in behalf of a party give testimony contradictory of former testimony and inconsistent with previous statements, the party calling them may be permitted to cross-examine them and call their attention to their former evidence and statements, and may also offer testimony which contradicts and impeaches their present testimony.</p> <p>3. Same — Sentence Properly Pronounced. An entry of judgment that “the defendant . . . was . . . duly arraigned for sentence in open court, all the officers of the said court being present in person, and the court being fully advised in the premises passed sentence upon the said William Terry,” stating the sentence imposed, does not warrant the inference that the court in rendering judgment omitted the statutory requirement to inform the defendant of the verdict returned by the jury, and to ask him whether he has any legal cause to show why judgment should not be pronounced against him.</p> <p>4. Rape — Evidence Sustains Verdict. The evidence examined and found to be sufficient to support the verdict.</p>