The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-12-12

versed the order, sustaining a denur-
rer to the original petition. 81
Armstrong Waived His Rights.
Because he himstl II went on the
witness stand and testified as to the
nature of his injuries, such testimony
being in the capacity of physician,
DR.. J. B. Armstrong of Topeka waived
his right to claim privileged testimony
when consulting physicians we're
I,called 20 contradict his statement.
That is the viewpoint of the supreme
court today in reversing the case OF J.
B. Armstrong against the Topeka
Railway company, against which COM
pany Armstrong secured judgment for
personal injuries.
Armstrong alleged to have been in
jured when alighting from street car
near the Rock Island depot some
months ago. The injury was of such a
nature that no one but Armstrong
seemed to be aware of the accident. TWO
days after his injury, he went to the
office of Topeka physicians for treat
ment. Testifying in a suit for damages,
DIR. Armstrong testified as a physician
concerning his injury. The trial court,
however, refused to permit consulting
physicians to testify, such evidence be-
ing held as privileged. The supreme
court said DIR. Armstrong by his own
lcSllIIlOuy Hdu OpcucQ luc OOOA LII OShCA
doctors to testify and could not later
object. For this reason the case was
reversed.
Must Prove Time.
Unless it can be proven that a bur-
glary was actually committed In the
night time, the burglar cannot be con-
victed of that crime but be sent to pris-
on for burglary in the day time. That
is the rule in Kansas now. under the
decision of the supreme court in re-
versing the appeal of Will Rice from
the verdict of the Bourbon county dis
trict court. Rice was found guilty of
stealing a revolver and some canned
fruit from a home in Fort Scott. At the
trial no proof was shown that the bur-
glary had been done at night. But the
jury found Rice guilty of burglary in
the night time and he was sentenced
accordingly. The supreme court held
that unless it is proved that the bur-
burglar could only be sentenced for the
lesser offense and sent the case back
for a new trial.
No Relief for Stahlnaker.
The Kansas supreme court refused
to allow writ of habeas corpus for
from the Kansas penitentiary. Stahl-
maker was a preacher in Ellis county
and was sent to prison for an assault.
He asked for his release on the
ground that he had been Improperly
sentenced and was kept in prison il
legally. Stahlnaker was released on
parole to go to the home Of his sick
mother. After her death he refused
to return to prison and a habeaS
corpus writ was sworn out iE Jackson
county, Missouri, to prevent the war;
den taking him back. Later Kansas
got a requisition for his return and the
preacher was taken to Lansing in a
motor car.
Define Sale Diseased Meats.
A man in Kansas can be sent to Jail
for selling or buying diseased animals
but he cannot be prosecuted for SELL
ing the meat of diseased animals to
humans, except under the foods and
drugs act. This was the ruling of the
Kansas supreme court in the appeal
of j. E. Wiglesworth from Wyandotte
county. Wiglesworth was charged
with selling meat from diseased ami
mails for human consumption. He was
released in Wyandotte county because
the statute provided punishment only
for the sale of diseased animals and
not for the sale of the meat. The
state appealed to the supreme court
and that court affirmed the lower
court today, holding that the law ap-
piled only to living brutes and not to
the carcasses or to the flesh. A prose-
cution can still be brought under the
pure food laws for the sale of food
unfit for human consumption.