State v. Moore
Decision Date | 11 April 1908 |
Docket Number | 15,670 |
Citation | 95 P. 409,77 Kan. 736 |
Parties | THE STATE OF KANSAS v. JOHN C. MOORE |
Court | Kansas Supreme Court |
Decided January, 1908.
Appeal from Cowley district court; CARROLL L. SWARTS, judge.
Judgment affirmed.
SYLLABUS BY THE COURT.
1. CRIMINAL LAW -- Evidence -- Collateral Facts. In the trial of criminal cases the evidence should be confined to the question in issue; facts collateral to, and not connected with, the subject being investigated are not admissible.
2. CRIMINAL LAW -- Instructions. Instructions examined and approved.
Fred S Jackson, attorney-general, and Ed J. Fleming, county attorney, for The State; A. M. Jackson, and A. L. Noble, of counsel.
Adams & Adams, and L. C. Brown, for appellant.
On December 27, 1906, J. C. Moore was convicted in the district court of Cowley county of murder in the first degree for killing his wife, Clara C. Moore. A motion for a new trial was denied, sentence was pronounced, and the defendant appeals to this court. Thirty-seven assignments of error have been presented, but as several of them relate to the same questions it will be unnecessary to consider them in detail.
Complaint is made of the district court for admitting evidence of domestic troubles between the defendant and deceased existing years prior to the homicide and in no way relating thereto. Mrs. Edith McCullough, a daughter of the deceased, and a stepdaughter of the defendant, testified to profane and vulgar language used by the defendant to her mother at different times during a period beginning more than twelve years before the commission of the crime charged; also, that in 1901 he put the witness and her mother out of the house and upon the porch.
Mrs. Moore was a member and regular attendant of the Baptist church. This practice on her part was violently opposed by her husband. To prevent her churchgoing, he made threats of violence against her and used vulgar and profane language concerning her and other churchgoing people. This conduct of the defendant became so persistent and violent that the deceased left him, and on March 27, 1901, she commenced a suit for divorce and alimony, alleging extreme cruelty. The defendant answered and alleged that they had a family controversy concerning a "Carrie Nation crusade" then being conducted in the city, in which he and the deceased, with her daughter Edith, were in opposition, and the conduct and talk of Edith so irritated him that he put her out of the house. On April 19, 1901, Mrs. Moore obtained a decree of divorce and for alimony. A motion for a new trial was allowed June 4, 1901. The case was then dismissed by Mrs. Moore, and the parties resumed their marital relations. The reason for this reconciliation is given by one of the witnesses as follows:
Some time afterward, and during the year 1901, Mrs. Moore, her daughter Edith, R. B. McCullough, who afterward married Edith, and his sister started to attend an entertainment at Chilocco, an Indian school a few miles away. The defendant followed, overtook them, and compelled his wife to return. It appears that the defendant was very much opposed to the relations then existing between Edith and McCullough. The occurrence is described by McCullough thus:
Minnie Tombs, another daughter of the deceased, testified substantially the same as her sister Edith concerning the treatment of her mother by the defendant years before the homicide.
On January 1, 1906, another separation having taken place, the deceased caused the defendant to be arrested, for the purpose of compelling him to give a bond to keep the peace. In her verified complaint she stated that the defendant had made threats to assault and kill her, and she was afraid he would do so.
The state introduced in evidence the verified answer of the defendant in the divorce suit, the decree, the order granting a new trial, and the order of dismissal. The complaint in the peace proceedings and the warrant issued therein, with the return thereon showing the arrest of the defendant, were also introduced. It was then shown by the statement of the justice of the peace that the defendant was committed to jail, but that when the case came up for trial, the...
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