116 Kan. 661 | Kan. | 1924
The opinion of the court was delivered by
Appellant was convicted on an information in which he was charged in two counts of the violation of R. S. 21-424. Appellant complains that evidence which should have been offered by the state in chief, if at all, was improperly received in rebuttal. The complaining witness and a witness, Agnes Clark, had testified in chief that on a certain day Leona Johnson, an employee of appellant, had called Agnes Clark by long-distance telephone. As a witness for defendant, Leona Johnson denied making such a call. In rebuttal the state called the employees of the telephone company, who testified that Leona Johnson did make the call and produced the telephone ticket showing the completed call. This is complained of as improper rebuttal. The state had in chief proved the call by two witnesses, which was ample proof on that point if it were not denied. When Leona Johnson denied making this call it was proper to rebut her testimony by the evidence of the employees and records of the telephone company where she made the call. Hence the ruling was not error. More than that, the state asked leave to open its case in chief and introduce this evidence, which request was granted. The granting of such a request is in the sound discretion of the court; in fact, this is not complained of.
The evidence showed that two young men, other than appellant, were intimate with the complaining witness. They were called
Upon the motion for a new trial the defendant offered affidavits of himself, his wife and Leona Johnson, tending to show miscon
The record discloses no error in the trial of the case, and the judgment of the court below is affirmed.