State v. Truskett

Citations

• 85 Kan. 804
• 118 P. 1047
• 1911 Kan. LEXIS 150

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Criminal Law — Information—Sufficiency Of. Where an information for murder plainly charges that the defendant ' shot and killed the deceased with a pistol loaded with powder and balls, an allegation that a mortal wound was inflicted thereby is unnecessary.</p> <p>2. -Jurors. Exceptions to the qualifications of jurors and to the refusal of a continuance are examined but not sustained.</p> <p>3. - Issues — Law and Fact. Where a question is purely ■' one of law, although arising in a criminal case, it is exclusively for the court. But the general rule is that questions of fact are exclusively for the jury.</p> <p>4. - Question of Fact — Evidence—Inference. A homicide was committed in a water-closet detached from any other building, by shooting with a revolver. The two men were observed entering the closet, and coming therefrom, the deceased being wounded and making exclamations of distress, and the appellant following him with the revolver in his hand • but making no effort to use it or to do violence. Two shots were fired which were heard by persons near by, but no one saw the deed. Aside from the declaration of the appellant soon after the occurrence that he had shot the deceased and that he had to do it, the circumstances, conversations or statements, if any, attitude, manner and conduct of the men while in the closet could only be determined from the outward circumstances, there being no eyewitness of the tragedy. It is held that what transpired within the closet (except the firing of the shots) was a matter for inference, not of law for the court, but of fact for the jury.</p> <p>■;5. -- Self-defense — Instruction. In the situation stated in the last preceding paragraph, the appellant claiming that he shot in self-defense, and that being one of the issues, instructions should have been given on that subject, and the refusal to give such instructions was erroneous.</p> <p>■6. -Same. An instruction to the effect that there was no