The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-02-17
No. 2O.66O.
The State of Kansas, Appellee,
b. A. McLemore. Appellant.

Il. A. McLemOre. Appellant
Appeal from Bourbon County.
AFFIRMED.
Syllabus BY the Court. Marshall, J.
1. In a prosecution for rape, it is in
competent for the party to whom the as
sailed made complaint to give in evidence
the name of the assailant; but where there
is no question concerning the identity of
the party making the assault, and where
there is no question that he was present
sault. no reversible error is committed
where the name of the assailant is thus
given.
. Evidence should not be admitted to
contradict a statement of witnesseelfcited
on cross-examination, on an immater1al
collateral matter; but where such evidence
is admitted, a Judgment will not be re-
versed where the evidence could not have
produced any prejudicial effect on the
3. In a prosecution for rape, on the
crOss-eXamination of the person assault
ed, it is proper to show that she contract
ed with attorneys to bring an action Tor
damages for the alleged assault; but the
refusal of the court to permit such a
cross-eXamination will not cause reversal
of the Judgment where it does not appear
that any harm was done by its exclusion.
/. 1t is not error to fail to instruct the
jury concerning assault with intent to
commit rape, where the evidence to prove
the Offense shows completed offense
at certain time and place and the state
ments of counsel and the evidence of the
witnesses are all directed to that time
and place, although there may be other
incidental evidence which proves acts
which tend to show that the accused at
tempted an assault at another time and
5. 1t is held that the evidence was suf-
ficient to show that the crime of rape was
committed,
6 Misconduct of counsel in the pres
ence of the jury, where the court immed-
lately directs the jury to disregard such
misconduct. will not cause reversal OF a
conduct was such as could not be thus
cured by the court.
{. A juror, on his voir dire. testified
: hat bo had pXnrPSSpd
no opinion Gas to the result of the trial
of the defendantD Three witnesses testi-
substantially, that they will stick DIR. Nc
Lemore," the defendant. The juror denied
making these statements; or anythlng. m
The court did not commit reversible error.
Johnston, c: J, Burch, j., Mason, j.,
Porter J., and Dawson, J., cOncurring.
West J., concurs in the result but not
in all things said.
true copy.
l. Attest: n. A. VALENTINE,
[SeaLl Clerk Supreme Court
| Watson, Durand. Kasper Grocery Com
pany, a corporation, Appellant,
T ]. Scheetz and Alice L. Scheetz. Part
| ners doing business under the name OF
scheetz Me Feam G9mpany APPelees
AFFIRMED.
Syllabus BY the Court West j
The petition alleged that the goods men
| TONED IN verified account Attached vert
sold to the defendants doing business as
| the Scheetz Mercantile Company. One oil
the two defendants denied under oath that
she owed the plaintiff anything and denied
the existence of the nameI partnership
Held. that such verified denial admitted
the correctness of the account but not hel
| Indebtedness thereon and that for plain
tiff to recover it was necessary to show
either a personal or partnership liability
| All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE.
| (Seal) Clerk Supreme Court.