The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-07-12
No. 1858.
The State Of Kansas, Appellee,

No. 1858.
The State of Kansas, Appellee,
J. w. Murray Appellant.
Appeal from Jackson County.
AFFIRMED.
Syllabus. BY the Court. Burch. j.
1. On the trial of a criminal action
the state is not obliged to examine all
the witnesses whose names are Endorsed
on the information, and in a prosecution
for assault with intent to kill 1t Is not
error for the court to refuse to require
the state to examine the person assaulted,
his name being Endorsed on the informa-
ton as 2 witness.
sault with; intent to kill was mental II
responsibility occasioned by seeing the
person assaulted stealthily enter the de-
PENDANTS home at night and hearing his
wife's confession concerning her rela-
tions with such person. The defendant
testified that he had previous information
from the person himself, and from 9TH
ers, respecting the ncentious conduct of
such person with women other than the
defendants wife, and the defendant de-
scribed the effect this information had
upon his mind in connection with what
he saw and what his wife told him. on
of the persons licentious conduct with
other women, as related by himself and
others to the defendant, were not ma
terial. Held further, that an offer of
the defendant to show by woman, who
was witness, that the person assaulted
MED.
3. On the trial of the action referred
10 Ine wife OIL the QeIonQanL, as d VIII
ness in his behalf, related in detail her
relations with the person assaulted as she
told them to her husband on the night
suggestions made to her by such per-
son on certain occasion. She was then
asked if she assented to them, but she
not permitted to answer. Held. the
ruling was correct because the issue was
the defendants mental condition follow
ing what she told him, and not her chas-
T. On the trial in question the time
when the moon set on given night be-
came relevant. The state introduced in
evidence an almanac which stated that
its calculations were given in solar time
Held, it was not essential to the adj
instability of the evidence that 1t be ac-
companied by testimony explaining the
difference between solar and standard
time, the matter being one of common
S. In the course of his relations with
the defendants wife the person assault
ed told her of trouble the defendant had
had with another woman and that the
defendant had paid money to fix it up.
This conversation was included in the
confession made to the defendant by his
wife and was narrated by her while on
the witness stand as a witness in his
behalf. The defendant proceeded to air
the incident referred to before the jury,
produced a witness who gave the details
of the settlement with the woman and
testified himself that he had not been
guilty of adultery. The state in rebuttal
produced evidence that the defendant
had committed adultery with the woman
and that She did not understand the writ
ten terms of the settlement she made
with the defendant Held, the contro-
versy thus introduced into the case by
the defendant was wholly foreign to the
issues on trial and that any errors COM
mitted in its investigation are immaterial.
s. A medical expert heard the defen-
dants testimony and was asked to give
an opinion respecting defendants sanity
based wholly upon his testimony. Held,
the question sufficiently indicated that
the testimony was to be accepted as true
and so made the foundation of the ex-
pert's opinion.
7. Section q of the crimes act, which
human being, by the act, procurement or
cuipable negligence of another, which
would be manslaughter at the common
isw. and which is not excusable or JUS
to be manslaughter in some other degree.
SHAH be deemed manslaughter in the
act the offense of voluntary manslaught-
er at the common law.
g.. At the common law the absence of
intent to kill which Voluntary man
slaughter included and this compatibility
continues to characterize the offenSe as
1t appears by adoption in the crimes act.
9. Section Il of the crimes act. which
provides that every person who shall
be convicted of an assault with an in
tent to commit any robbery. rape, bur
glary manslaughter, or other felony, the
punishment for which assault Is not here
inbefore prescribed shall be punished by
confinement and hard labor not exceed
ing 1lVe years, or by imprisonment In the
county jail not less than six months.
creates the statutory offense of assault
with intent to commit manslaughter-
As applied to manslaughter at the COM
mon law this section means that if a
person assault another under such cir
cumstances that, should death ensue, the
crime would be manslaughter at the
common law, he shall be punished in the
prescribed way.
10. If person assault another with a