State v. Winters

Citations

• 81 Kan. 414
• 105 P. 516
• 1909 Kan. LEXIS 381

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Criminal Law — Statutory Duty to Instruct — Waiver. The-statute providing that the trial judge in a criminal case must state to the jury all matters of law necessary to enable them to give a verdict does not express a public policy requiring the-nullification of all proceedings in which it is not strictly observed. It merely prescribes a rule of criminal procedure the-benefits of which a defendant may waive.</p> <p>2. - Waiver of Instructions on Lesser Degrees and Offenses. Generally a defendant in a criminal case may waive-instructions upon lesser degrees and lesser offenses embraced in the principal crime charged in the information by failing to-make a timely request for them; and, a fortiori, he does so by-objecting to the giving of such instructions.</p> <p>3. -=— Verdict of Guilty of Higher Offense — Instructions on-Lesser Offense Immaterial. Generally a verdict of guilty of a. higher offense or degree, based upon satisfactory evidence and' correct instructions relating to it, renders error in giving or-refusing instructions upon inferior degrees or offenses immaterial.</p> <p>4. -Procedure Discussed. Limitations upon the rules-. stated in paragraphs 2 and 3 discussed.</p>