The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-03-16
No. 81 1893.
The State of Kansas, Appellee,


No. q, ses.
The State Of Kansas, Appellee,
W. P. Fleeman, Appellant.
Appeal from Montgomery County.
AFFIRMED.
Syllabus BY the Court Burch. J.
1. Chapter 179 Of the Laws of 1913. COM
monty known as the white slave law, was
regularly enacted
. A person arrested on a warrant based
on complaint charging one felony may be
bound over for another felony shown to have
been committed by the evidence adduced
at the preliminary examination When this
occurs it is not necessary or proper to file
a new complaint
3. The proceedings at q preliminary ex-
animation considered, and held, the de-
PENDANT waived the right to introduce evil
dence.
f. Section of the act referred to Gre
ates single offense, and information is
not bad for duplicity which charges per-
son with keeping and maintaining, and as
where all the immoralities named in the act
are practiced, permitted. and allowed.
drawn under the section referred to, on the
ground of Indebtedness and uncertainty.
considered, and held. the matters complain
ed of did rot affect the defendants sub
stantial rights.
G. An amendment of the information in
a matter of form was properly allowed at
Z. After the amendment the Information
necessary. and did not furnish ground for
quashing the information
8. General reputation of the place descrfb-
ed in the information was admissible
0. The evidence considered and held,
sufficient ground for impeaching the de-
PENDANT was laid prejudicial error was not
committed in striking out the answer to
a question propounded to a witness, and
proper foundation was not laid for assign So, en-
ing error on a ruling sustaining an obJec-
10. The general reputation for truth and
veracity of a witness for the state whose
name is regularly endorsed on the informa-
ton should ordinarily be discovered before
II. It is not error to deny a new trial
desired for the purpose n producing newly
n5in IN The dsarct court on
affidavits contradicted by oral testimony,
| respecting the merits Of a motion for a new
All the Justices concurring.
! Attest: D. A. VALENTINE.
(Seal) Clerk Supreme Court
No. 1850
| Harriet NJ Berry, Administrators of the
Estate of Burchard B. Berry. deceased
Appellee,
Appeal from sherman County.
's i. Berry V. Dewey. 1oa Kan. -. is
followed on the question of the jurisdiction
. The defendants applied for con-
tinuance on the ground that one OF the'-
| attorneys was q member of the legislature
| and could not be present at the trial be
| cause the legislature in session. The
application was properly denied
| 2 1t is not error to deny an application
| for continuance made on the ground
| that the person making the application
| is a party to the action and desires to
attend the trial witness and is pre-
| vented from so doing by the sickness of
| member of his family. where that sick
| ness is shown by the unverified certh
| cate of attending physicians. and no one
| having knowledge of the sickness swears
! to either the certificate or the applica-
| ton.
] A. In an action to recover damages for
wrongful death. 1T is proper to prove the
| amount of property owned by, and the
wage earning capacity of. the deceased
5. a Judgment will not be reversed on
account of the withdrawal of evidence
| tending to impeach persons who are
neither parties to the action nor witnesses
| therein. where the evidence withdrawn Is
| on matters wholly collateral and cannot
| assist the jury in determining the issues
6. There was evidence sufficient to show
! a conspiracy on the part of the defend
Z The instructions concerning conspiracy
were fair, and they fully protected the
rights of the defendant
! s. OF the instructions requested by the
defendant. those that were proper were
| in substance given by the court. and
those that were refused were properly
refused
0. In an action brought by mother to
recover damages for the wrongful death