117 Kan. 650 | Kan. | 1925
The opinion of the court was delivered by
Defendant was convicted of having intoxicating liquor in his possession.
He assigns various errors, the first of which relates to certain testimony touching the comparative size of the jugs defendant had in his possession, and of their contents. The testimony was competent for what it was worth in the jury’s estimation. The second error assigned relates to the exclusion of testimony offered by defendant. Not being presented in support of the motion for a new trial, the ruling is not subject to review. (The State v. Ball, 110 Kan. 428, 204 Pac. 701.) Defendant’s next grievance pertains to the belated indorsement on the information of names of witnesses. That matter was governed by the trial court’s discretion. (The State v. Price, 55 Kan. 606, 40 Pac. 1000.) The next complaint is directed at the instructions touching the law relating to possession of intoxicants. We discern no error here either in the instructions given or refused. The trial court was privileged to state the law in its own language, and did state it accurately; it -did not need to quote literally the text of some of our decisions on the same subject.
Defendant next argues that the venue was not proved. The evidence showed that defendant and another person drove out of
The judgment is affirmed.