The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-07-11
est: D. A. VALENTINE,
all Clerk Supreme Court.

No. 1885.
The State of Kansas, Appellee,

LseaLl Clerk Supreme Court.
No. 175s5.
The State of Kansas, Appellee,
Glen Adams, Appellant,
Appeal from Graham County
AFFIRMED.
| Syllabus. BY the Court. West, ].
l. Statements made by one charged
with murder to a county attorney and
county commissioner giving in detail the
facts of the crime are properly received
IN evidence when there Is no showing
that such statements were procured by
duress, promise of reward, or other inn
proper means.
2 The description and measurement of
tracks at the scene of the crime which
correspond with the shoes worn by the
defendant and introduced in evidence are
competent.
bloodhounds alleged to have been put
upon the trail of the defendant can prop
erly be received, it should appear that
the dogs in question were able, at the
time and under the circumstances, to fol-
low the scent or track of a person. When
such foundation has been laid and the
evidence showing the conduct Of the dogs
has been received, a charge in substance
that before the jury can consider
such conduct they must find
that the dogs in question We're accurate,
certain and reliable in following the trail
of human footsteps and if they find from
the evidence touching the matter that
they were and are reliable and accurate
work and its result may be considered to-
gether with all the other evidence in the
case, as a circumstance determining the
guilt of the defendant, is not prejudicial-
~ erroneous as to such defendant
4. While the competency of such evil
dence must be determined by the court
before its admission and not left to the
jury, still, after its admission and after
cross examination or rebuttal 1t may be-
come so weakened that the jury should
disregard 1t.
dence be subsequently so weakened or
destroyed as to render the jury unable to
find that the dogs were able to take or
follow the trail in question, then the evil
dence of the conduct of such dogs should
not be considered and the quoted instruc-
ton was proper.
Johnston 9. J., Burch, j. Mason, j.
Smith, J., concurring.
Benson, J., and Porter. J.. dissenting.
Attest: d. A. VALENTINE.
ISealJ Clerk Supreme Court
No. 1855.
The State of Kansas, Appellant,
Denny Custer, Appellee.
Appeal from Meade County.
REVERSED.
Syllabus BY the Court Johnston, G. J.
An information which charges assault
with intent to commit rape upon a female
more than eighteen years OF age, under
section Al of the crimes act, substantially
in the language of the statute, is suffi-
cient although the particular overt acts
done towards the commission of the Of
Tense, except as implied in the word as
sault, are not alleged
All the Justices concurr1ng.
A true copy -
Attest: =. A. VALENTINE
[SealJ Clerk Supreme Court
No. 1888
John PIummer and c. T. Woodward, APP
pellants,
vs..
Charles E. Gibson, Appellee.
Appeal from Stanton County
REV ERSED.
Syllabus By the Court. West, J.
The defendant in ejectment may under
A general denial introduce in evidence a
tax deed to the land In controversy. and,
If defeated may have the lien for the
taxes assessed.
All the Justices concurring.
A true copy. .~-
Attest: D. A. VALENTINE.
TSeaL1 Clerk Supreme Court.