State v. Warner

Citations

• 93 Kan. 378
• 144 P. 220
• 1914 Kan. LEXIS 441

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Statutory Rape — Defense of Insanity — Instructions. Instructions in a criminal case, where the defense of insanity was interposed, held not to have been materially erroneous.</p> <p>2. Same — Reputation of Defendant After Crime was Committed. In the circumstances presented, the sole defense relied upon being insanity, an error in allowing inquiry to be made concerning the reputation of the defendant after the commission of the acts complained of does not require the setting aside of the verdict.</p> <p>3. Same — Improper Remarks of County Attorney — Remarks of Judge. An argument made by the prosecuting attorney, the conduct of persons present in the court room, and the comment of the trial judge therein, held not to require a new trial.</p> <p>4. Same — Motion for New Trial — Misconduct of Jury — Evidence on Motion Erroneously Rejected. Where a verdict of guilty is rendered without any materially erroneous ruling having been made by the court, but upon a motion for a new trial competent evidence upon a question of misconduct of the jury is erroneously rejected, it is not necessary that a new trial of the guilt or innocence of the defendant should be ordered by this court, but the cause may be remanded with directions that the proceedings shall be resumed at the point where the error was committed.</p>