The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-11-14
LEGAL.

-A4A.<~H1AAs
agree on the degree of the crime, some
faVoring murder in the second degree and
some favoring manslaughter. A letter to
me Judge was written asking all Glenn
ency for the defendant that could be
given in second degree murder and it was
agreed that if a verdict of that kind were
reached the letter would be signed and
sent TO the judge A ballot was then
taken resulting in an unanimous verdict
OF murder in the second degree, which
was duly returned, and the letter was
signed and delivered as proposed. Held
Inc verdict will not be set aside for mis-
conduct of the jury or because it was
reached by artifice, or because 1t repre-
Sents other than a fair expression of the
opinion of the jurors.
3. On the hearing of the motion for
new trial the defendant, to impeach the
verdict, offered in evidence the affidavits
of those Jurors who. before the letter was
slaughter, which afTidavits stated that
the Jurors making them were induced to
cause they believed the judge had power
TO lower the degree of guilt to man
slaughter Held, the court properly re-
FUSED to consider the affidavits
l. The purpose of a trial in a criminal
case is to ascertain the truth of the mat
ters charged against the defendant and it
IS part of the business Of the trial
Judge to see that this end is attained He
Is a vital and integral factor in the dis
coVery and elucidation of the facts and
whenever in his judgment the attorneys
are not accomplishing the full develope-
ment of the truth it is not only his right
but it is his duty to examine and cross
examine the witnesses. The resll:nption
IS that this liberty viii be honorably and
lnpartally exercised in the interest of
justice, and in this case 1t was not
abused by the trial Judge
D. The court refused an application
made near the end of a long trial to per
NIT the defendant to make use of a pri-
vate stenographer to take down such Dor
lions or the evidence and proceedings as
he might desire. NO showing is made
ana no claim is made, that the official
record subsequent to the application is
[ INCOMPLETE To r,
the defendants needs or that he was
embarrassed or hindered or caused an
discomfort in completing his Defense or
in presenting his motion for a new trial
or in preparing his appeal. Held, that
the error committed was without preiI1-
dice to the defendants substantial rights
o. me law of self defense cannot be
presented, Illustrated and applied all at
once in a single statement to the Jury,
There must be arrangement and sequence
N tne presentation of declaration and
limitation, proposition and qualification
statement and supplementary statement
1t is not necessary that such a nrasenta
tion conform to the rules of rheto-ia 81
that any particular order be followed It
Is sufTlcient If all the necessary state
so appear they will be read together for
the true scope and sense of each.
IN this case instructions upon the
law of self defense, modelled in part mon
those given in the case of The State VS..
B 4SS,h -. Kan. 2S- are held to be defec-
roneous or misleading as to REQUIRE a re-
versal of the Judgment
g.. Instructions upon the subject Of
malice considered and held neither incor-
rect nor insufficient because the exnres
sion malice express or implied was
used without discussing the distinction
between express malice and implied
malice. and without stating that actual
malice is always intended
3. 1t is not indispensable that the ver
dict in a murder case be returned in omen
court as provided in section 23S of the
code of criminal procedure Gen. Sta
1903, sec $50. 1t may be received during
a recess of the court If the forms pre7
scribed for preserving It's authenticity arc
and the defendant is not de-
prived. against his will of opportunity to
protect his substantial rights
10. A defendant on trial for murder
may lawfully waive the presence of the !
trial Judge at the return of the verdict
and he does so by an agreement made in
open court. with the consent of the court
that the verdict may be received by a
designated attorney in the absence of the
judge. when the proceeding is in all other
respects regular.
All the Justices concurrfng.
A true copy.
Attest:
ISeal.1 D. A. VALENTINE
Clerk Supreme Court.