State v. Walke

Citations

• 69 Kan. 183
• 76 P. 408
• 1904 Kan. LEXIS 232

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Rape—Shotoing of Pregnancy and Time of Birth Admissible. In a prosecution for statutory rape it is proper for the state to show that the prosecuting witness became pregnant and was delivered of a child at about the time when, if .her testimony of the affair be true, it might have been expected.</p> <p>2. Evidence—Expert. Expert evidence is admissible in proof of matters not clearly falling within the range of common experience or observation.</p> <p>3. Criminal Practice—Extent of Instructions Necessary—Code Construed. Notwithstanding section 236 of the criminal- code (Gen. Stat. 1901, § 5681) directs that in criminal actions the judge charge the jury in writing, and in such charge state to them all matters of law necessary for their information in giving their verdict, the court does not err if it fail to give instructions upon all the minutiae of the case, but gives only such as fairly present the salient features arising upon the law of the case. This is especially so in the absence of any request for additional instructions.</p>