20 Kan. 311 | Kan. | 1878
The opinion of the court was delivered by
Defendant was convicted in the district court of Franklin county of the crime of burglary, and from such conviction has appealed to this court. Many errors are alleged, some of which present questions of importance and difficulty, while others have already been settled, or require but. a passing notice.
III. The motion for a continuance was.properly overruled. The State v. Thompson, 5 Kas. 159; The State v. Dickson, 6 Kas. 209. These decisions may have been based upon a rule of this court since repealed; but notwithstanding, they are still authority, for in lieu of the rule is an enactment of the legislature of the same import, and equal force. Gen. Stat. p. 689, sec. 317; p. 854, sec. 210.
“In all prosecutions the accused shall be allowed to appear and defend in person, or by counsel, to demand the nature and cause of the accusation against him, to meet the witnesses face to face, and to have compulsory process to compel the attendance of witnesses in his behalf,” etc.
And see § 207 of the code of criminal procedure, which reads that—
“No person indicted or informed against for a felony can be tried unless he be personally present during the trial,” etc.
Section 316 of the code of criminal procedure is the one under which this proceeding was had. It reads — •
“Whenever in the opinion of the court, it is proper for the jury to have a view of the place in which any material fact occurred, it may order them to be conducted in a body, under the charge of an officer, to the place, which shall be shown to them by some person appointed by the court for that purpose. While the jury are thus absent, no person other than the officer, and a person appointed to show them the place, shall speak to them on any subject connected with the trial.”
Upon the whole record then we see no error of which defendant can justly complain, and the judgment must therefore be affirmed.