State v. Wilson

Citations

• 108 Kan. 433
• 195 P. 618
• 1921 Kan. LEXIS 63

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Criminal Law — Application for Continuance Properly Denied. The application for a continuance is held not to have been erroneously-denied.</p> <p>2. Same — Evidence of Attempt by Defendant to Conceal, Destroy or Fabricate Evidence Competent Against Him. Attempts by a defendant, charged with the commission of an offense to conceal or destroy evidence against him, or to fabricate or procure false evidence in his behalf, are incriminating circumstances evidence of which may be offered against him.</p> <p>3. Same — Defendant as a Witness — Cross-examination. A defendant who takes the stand as a witness cannot complain that he was subject to the inquiries and tests to which other witnesses are subject.</p> <p>4. Same — Instructions—Not Prejudicially Erroneous. Instructions examined and held not to be prejudicially erroneous.</p> <p>5. Same — Arguments of Counsel — Reasonable Latitude Allowed. In summing up a case before a jury counsel may not introduce or comment on facts outside the evidence, but reasonable inferences may be drawn from the evidence and considerable latitude allowed in the discussion of it in which he may use illustrations and appeal to the jury with all the power and persuasiveness which his learning, skill and experience enable him to use.</p> <p>6. Same — The argument of counsel challenged is held not to afford ground for a reversal.</p> <p>7. Same — Evidence Supported Verdict. The evidence examined and held to be ample to support the verdict of the jury.</p>