State v. Younger

Citations

• 70 Kan. 226
• 78 P. 429
• 1904 Kan. LEXIS 31

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Intoxicating Liquors —Instructions Concerniny an Election of Offenses. In a prosecution for the unlawful sale of intoxicating liquors an election by the state of the transaction on which it relies for conviction is not an essential ingredient of the instructions to the jury. If it be in writing it need not be copied in the instructions, and it may be read to the jury at the time the charge is delivered without violating the statute requiring instructions to be in writing and filed with the papers in the case.</p> <p>2. -Instructions Concerning Defendant’s Failure to Testify. An omission to instruct the jury in a criminal case that the neglect or refusal of the defendant to testify shall not be considered by the jury, and shall not raise any presumption of guilt or be construed to affect his innocence or guilt, is not error, in the absence of a request for such an instruction.</p>