State v. Woods

Citations

• 105 Kan. 554
• 185 P. 21
• 1919 Kan. LEXIS 128

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Criminal Law — Burglary—Failure to Instruct upon Circumstantial Evidence — No Request — Waiver by Defendant. In a criminal prosecution circumstantial evidence alone was relied upon by the state for conviction. No instruction relating to circumstantial evidence was given, and the defendant made no request for instructions of any kind. Held, that, while an instruction upon circumstantial evidence should have been given, it was not indispensable in the sense that it might not be waived by the defendant, and that the failure to make such request waived the error in failing to instruct. {The State v. Winters, 81 Kan. 414, 105 Pad 516.)</p> <p>2. Same — Alibi—No Request for Instruction — Waiver. The general rule applied also to the failure to give an instruction upon the defense of an alibi.</p>