The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1909-05-18

distinctions oi the common law. IN
criminal caser as 20 accessorles, and
Drinclplgs IN the first degree, and In
pc aeebpd degree.
fcl an persons concerned In the
commission OF a crime. whether II be
Q felony or misdemeanor, and
whether they directly commit the
crime or aid and abel IN it's commits.
sion, though not present when Il Is
committed are principals and should
be prosecuted tried, and convicted as
such.
tdl There Is no such thing 10 this
State In mlsdemeanors as accessor
les after the commission Of the Of
fense.
9e) Anything said or done by any
person who is concerned IN The com
mission Of an offense, IN persuanco
Of a common design to commit the
offonse, and before the offenso Is
committed, or during It's commission.
is competent evidence against any
other persons who are concerned IN
the commission OF the Offense,
whether such act was done or said
statemen. was made In the presence
OF such other persons or not, but
this Is NOT true as TO Gcts done OF
words spoken after the commission
of the offcnse.
tD In order 10 make the acts Or
words OF person who was concern
cd IN the commission OF an offense
competent as evidence against oihorI
persons who We're also concerned in|
the commission Of the offense. II ls
not necessary to prove beyond a rea
sonable doubt thai said persons were
concerned IN the commission of theI
oftepse slight evidence that such
parties we're concerned IN the com.
mission Of the 0ffense Is sufficient 10
render such evidence competent.
Ca Before the acts or statements Of
person concerned IN the commits.
sion of an offense are admissible As
evidence against other persons who
are also concerned In the commission
ot such olfense. some evidence should
be introduced showing or tending 10
SHOW that snoh persona were concern.
ed IN tho cummisslon Of such offense
thl Before liuor or anything which
contains OF has contained liqnor can
% introduced for the inspection OF
ihe lur:, i must be identified and
proven 70 nave been In the possession
OF the defendant or under the control
Of the defendant or OF some other
person who was concerned with the
defendant In the unlawful possession
of disposition Of such liquor or other
article.
tD A party who places witness
upon the stand thereby youehes for
nus Yesacltg or at least vouches that
the whhess ls not so deeply stepped In
moral turnitude as not 10 be worthy
OF some credence therefore such par
ly viii noi be permitted 10 lmpeaeh
such Witness By showing hla general
pad character for truth.
% Where q party has been decelv. |
Cd Of eulrapped into placing a wit. |
ness upon the stand. having reason. |
able ground 10 believe and believing
lhat the witness Will testify 10 facts |
favorable 70 such party. and the wit. |
ness when upon the stand. festlfias
% taels Injurious to such party and |
conflicting with previous statements
made by such witness. Il would be 4 /
perFersion af Justice 10 deny 10 czech
party the right 70 Introduce IN ow. !
aenee statements made by sa,h vii.
ness, conflicting with the testimony
20 giRen which was Injurious 10 such
party This may be done upon the
ground Of surprise. to explain the ae-
ZION Of the party "a placing the VIII. |
ness upon the stand and 10 dest-og
lpe Injurious effects OF such tasfi |
mony.
X a aarty cannot impeach hls oWn
witness by Introducing In evidence
conflicting statements made by him
unless be shall testify lniurlousy d
lae party placing him upon the stand |
The mere fact that the witness does
not testify as the party expected him
p do viii afford no ground for t5e
Introduction IN evidence tNxlprnvlous
contradictory statements made by
such witness.
% When contradictory statements |
made by q Witness are admissible IN
evidence for the purpose Of lmpeaeh |
ng him, they must be confined 10 con
gadietlons Of The testimony OF the
Nltnpsa which are injurious ID the
parts seeking ia impeseh him. and 1t |
& the duty Of the court 10 clearly IN |
orM the Jury that such statements |
'annot re considered aa independent
substantive evidence against ar In IN
ior Of Tho defendant, aud chat the inry
IAN only consider s1ch contradictory |
'sniemenls for the purpose OF affect
ng tho credibillty Of the witness. If
hey decide that such statements do
ave ihia effect. and that It is un.
awful for the jury "a consider such
'latemenls for any other purpose
tml When a party places witness
anon The stand with notice that such
Fltnesa wlll testify adversely ID such
'nWy ht eshnot elalm aurnrlse at
iueh Testimony and will not be per.
nltted tl imueach the witness N any
manner
Fifth tal when counsel for the state
snes pni Of tho record. and makea re
aarks Injurious 10 the defendant II
the duiy d the counsel for the de-.
fndaRi 20 object 70 such Tssmafks
nd move the court to exclude them
rom ilie censiaeratlon Of the Jury. AMI
Dleeaon 10 such remarks IS onlv al
12tea again@ Che line nf argument Il
IelHK pursued n this mafier Il
oalaalkRef snfileienl iTnnoElance tol
r reserved for review by this Court
motion to exclude such remarksl
rom the consideration nf the hi7v |