58 Kan. 805 | Kan. | 1897
The defendant was convicted of the crime of rape, committed on Gertrude Beard, a girl under the age of eighteen years, and sentenced to confinement in the Penitentiary for the term of twelve years. From this conviction he appeals. The first alleged error is in overruling the defendant’s challenge to the juror W. A. Gage. An examination of the juror failed to disclose that he entertained a fixed opinion with reference to the guilt or innocence of the defendant. He stated that he had never heard any one pretend to detail the facts and circumstances of the case. He had read a statement in the newspa
It is said there was error in admitting proof of the death of Gertrude Beard, but we think otherwise. It is difficult to see how the case could have been tried without this fact having been made known to the jury. Various other questions with reference to the admission and rejection of testimony are raised by counsel for the appellant, but we find no error in any of the rulings complained of, nor do the further objections appear of sufficient importance to require mention.
Complaint is made of the charge of the court, and especially of the following language :
s. rugía of accused evince ot guilt. “Evidence has been offered tending to show flight by the defendant from the State of Kansas to the State of Washington, at or about the time the complaint was filed charging him with the crime alleged against him in the information. If you find from the evidence that the defendant did, at or about the time the charge contained in the information was first preferred against him, flee to a distant section of the country, and that such flight was induced by such charge, this is a circumstance to be considered by you in connection with all the other evidence to aid you in determining the question of his guilt or innocence.”
It is urged that the court had no right to state that evidence had been offered tending to show flight; that in so doing the court invaded the province of the jury. This claim cannot be sustained. The court did not undertake to say that flight had been proven, and there certainly was abundant evidence tending to