State v. Young

Citations

• 109 Kan. 526
• 200 P. 285
• 1921 Kan. LEXIS 313

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Criminal Law — Homicide—Evidence—Statements of Deceased, as to His Purpose in Leaving Home Admissible. In a prosecution for murder in which it is established that when the victim of the homicide left his home a few hours before his death he was carrying a bucket, it is not error to admit evidence that he stated at the time the purpose for which he was taking it — ona having no connection with the killing; and it is held that in the present case such evidence, even if it had been incompetent, would not have been prejudicial.</p> <p>2. Same — Verdict Not Wrongly Influenced by Conduct of Trial Judge. It is held that no sufficient reason for setting aside a verdict of guilty in a murder case upon the ground that it was coerced by the conduct of the judge is shown by proceedings thus summarized: At 4:45 p. m. of Saturday, the second day of the jury’s deliberation, the judge, after being told by the foreman that he believed an agreement was not far off, announced that a separation until Monday morning would be allowed. Upon a suggestion of the defendant’s counsel that the jury be sent out again the judge stated that he was going to take a train in twenty-five minutes but would give the jury time for another ballot. At 4:54 the verdict was returned.</p> <p>3. Same — Homicide—Omission to Instruct Relative to> Manslaughter in Second Degree Not Error. The section of the statute making it manslaughter in the second degree to unnecessarily kill another “either while resisting an attempt by such other person to commit any felony, or do any other unlawful act, after such attempt shall have failed” does not apply where the defendant killed a person while he (the decedent) was in the very act of striking at him with a hammer. ' And it is held that if on any theory of the facts an instruction under that section might have been justified in the present case, the omission to give it cannot be relied upon as error, because of the failure of the defen