State v. Wimer

Citations

• 97 Kan. 353
• 155 P. 7
• 1916 Kan. LEXIS 297

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Murder in First Degree — Sufficiently Charged in Information. A charge that the defendant unlawfully, willfully, feloniously, purposely and of deliberate and premeditated malice killed the person named by shooting him with a gun, commonly called a revolver, which was then and there loaded with powder and leaden bullets, construed to mean that the killing was done with deliberation and premeditation.</p> <p>2. Same — Evidence Warranted Verdict. The claim that the evidence did not warrant a verdict of guilty of murder in the first degree considered and held to be without substantial foundation.</p> <p>3. Same — Instruction—Reasonable Doubt. A charge that the jury could not acquit unless each one of them entertained a reasonable doubt of the defendant’s guilt, while unnecessary and not to be commended, was not materially prejudicial.</p> <p>4. Same — Evidence—Not Prejudicial. The testimony showed that two young men associated together and visited at the homes of each frequently. The error in permitting a witness over objection to testify to the conclusion that they were good friends was harmless.</p> <p>■5. Same. In describing a place with reference to an obstruction of the defendant’s view it was not material error to permit a witness to answer in part that a person naturally could see as big an object as the one described.</p> <p>45. Same — Rejected Evidence — Not Prejudicial. Rejected evidence of a witness that defendant had attempted to sell his farm prior to the shooting was not of sufficient importance to require reversal, the defendant being permitted to go into the matter fully when upon the stand.</p> <p>1. Same — Evidence—Former Conduct of Deceased Rejected — No Error. An offer to prove that the deceased assaulted and beat a certain boy and was discharged from his employment on account of his quarrelsome nature and disposition five years before the killing and four years before any trouble was shown to have existed between