59 Kan. 586 | Kan. | 1898
Anna Beuerman was convicted of murder in the second degree for the killing of her husband, August Beuerman, and was thereupon sentenced to confinement at hard labor for a term of ten years. The killing was admitted, but it is claimed that she was' not responsible for the act, because of insanity.
The deceased and the defendant were married more than ten years before the homicide, and had lived together on a farm with the parents of the defendant. No children were horn of the marriage, although it is claimed that the defendant was very desirious of having children. In her behalf it is said, and there was some testimony to show, that her husband was lacking in physical power, amounting to sexual disability, and that he had not informed her of his condition before marriage ; that the lack of virility and the impobency of her husband preyed upon her mind, and that by constant brooding over the situation her mind was finally unbalanced. It is further claimed that, while in this condition and irresponsible, she obtained'her father's revolver, and without any quarrel or apparent provocation shot her husband, and at once turned the revolver upon herself and discharged a bullet through her chest and near her heart; evidently intending to destroy her own life. The mental condition of the defendant at the time the shot was fired was the principal question in the case, and the one toward which the greater part of the testimony was directed.
We think Pontious was not qualified to sit as a juror, and that the court erred in overruling the challenge. The statute provides that “ it shall be a good cause of challenge to a juror that he has formed or expressed an opinion on the issue or any material fact to be tried.” Criminal Code, § 205. He insisted throughout his examination that he entertained an opinion, and not a mere impression. It was not based on newspaper account alone, or mere rumor, but he' had learned the facts from those who assumed to know them, and on these had formed and expressed an opinion in regard to the guilt of the defendant. It is true he stated that he believed that he could give the defendant a fair and impartial trial, but a person holding an opinion formed in such a way and of such a fixed and positive character does not possess the qualifications which the law requires. The State v. Miller, 29 Kan. 43; The State v. Beatty, 45 id. 492, 25 Pac. 899; The State v. Snodgrass, 52 id. 174, 34 Pac. 750; The State v. Vogan, 56 id. 61, 44 Pac. 352.
Although formerly a matter of dispute, it has come to be a well-settled principle that witnesses who are not experts may express their judgment as to the sane or insane'state of a person’s mind. The opinions so given must be the result of personal observation of the person whose mental condition is in question, after first stating the facts which the witnesses have observed. Baughman v. Baughman, 32 Kan. 538, 4 Pac. 1003; Carpenter v. Hatch, 64 N. H. 573; Conn. M. L. Ins. Co. v. Lathrop, 111 U. S. 612; 7 Am. & Eng. Encyc. Law, 504. It must appear, of course, that the witness has had adequate opportunities to observe the appearance and conduct of the person whose sanity is in question ; but when it appears from the facts related before the jury that the witness has a fair basis for an opinion, it must be received. It is not for the court to decide the weight or effect to be
The extent of the knowledge which a witness must possess in order to testify cannot well be defined ; but from an examination of .the record we have no doubt that the witness Reynolds had sufficient knowledge, as shown by her testimony, to entitle her to express an opinion. • During the three days that she was with the defendant at Forest Park she observed that the defendant was laboring under great mental excitement, that she acted in a peculiar way, cried a great deal, and part of the time “ she seemed to wander in her mind to some extent.” When asked to take the witness to the ladies’ lavatory, the defendant conducted her in another direction and for about half a mile 'around a race-track there was in the park ; but finally seemed to recover her mind and then took witness to the lavatory. At another time she talked of committing suicide, and she would have done so long ago if she “ was not afraid of a hell.”
We do not decide anything as to the mental condition of the defendant, but simply hold that the testimony of the witness was of such a character as entitled her to express a judgment in regard to the sanity or insanity of the defendant. The opinion of another witness, who was quite well acquainted with the de
Complaint is made of the rulings of the court in charging the jury, but we find nothing substantial in any of the objections to which our attention has been called.
The absence of the judge during the progress of a trial cannot be sanctioned. The argument of a cause is an important part of the trial, and it is essential that it should be conducted in the presence and hearing of the judge who must ultimately approve the proceedings and render judgment. The hearing and conduct of the argument is almost, if not quite, as important as the hearing and reception of testimony ; and the judge should be present to see that counsel in their arguments do not go beyond the bounds of legitimate discussion and to determine any objections that may be raised. In fact, there can be no court without a judge, and he cannot even temporarily relinquish control of the court or the conduct of the trial. It is necessary that he should hear all that transpires in the trial in order that he may intelligently review the proceedings upon the motion for a new trial. It is especially important that
None of the other exceptions appear to be well taken, but, for the errors mentioned, the judgment of the District Court will be reversed and the cause remanded for a new trial.