State v. Morrison
| Decision Date | 12 January 1924 |
| Docket Number | 25,019 |
| Parties | THE STATE OF KANSAS, Appellee, v. ESTELL MORRISON, Appellant |
| Court | Kansas Supreme Court |
Decided January, 1924.
Appeal from Neosho district court; SHELBY C. BROWN, judge.
Judgment affirmed.
SYLLABUS BY THE COURT.
1. HOMICIDE--Evidence Sufficient to Sustain Conviction. In a murder case the evidence examined and held sufficient to support a judgment of conviction.
2 SAME--Evidence. Errors complained of in admission of state's evidence considered and held to be unfounded.
3. Cross-examination--No Abuse of Discretion. Rule followed that the extent to which a witness may be cross-examined is largely in the discretion of the trial court, and that, unless prejudice is shown or that the court abused its discretion, there will be no reversal. (The State v. Smith, 114 Kan. 186, 217 P. 307.)
4. HOMICIDE--No Prejudicial Remarks by the Court. Claims of prejudicial remarks by the trial court considered and held to be without merit.
5. SAME--Instructions. The instructions examined and found to have fairly stated all the material elements of the case.
H. P. Farrelly, and T. R. Evans, both of Chanute, and Archie D. Neale, of Chetopa, for the appellant.
C. B. Griffith, attorney-general, John F. Rhodes, assistant attorney-general, and T. F. Morrison, county attorney, for the appellee.
The defendant was convicted of murder in the second degree and appeals.
The defendant and Wade Lindsey were colored men. They were partners conducting a restaurant business at Chanute. On the night of August 19, 1922, Lindsey was murdered. That night the defendant attended a dance of colored people. While he was in attendance at the dance the deceased and a sweetheart of the defendant, Ruby Thompson, had charge of the restaurant. The dance ceased about midnight, when defendant returned to the restaurant. A crowd of colored people came from the dance to the restaurant at about the same time for refreshments. Sometime after the defendant returned to the restaurant, Ruby Thompson went to the cash drawer, took out some money, went to an adjoining room which she occupied as sleeping quarters, secured some of her things and left. After the guests had been served and had gone, the defendant took a hatchet and went to Ruby Thompson's room and broke open her trunk. He was in an angry mood and stated "That girl has taken the money." And, in the presence of Jane Middleton, another colored woman who worked at the restaurant, said "Get out of here," or "Get the hell out of here." Jane Middleton left the restaurant. The defendant and the deceased were the only ones remaining. An officer who had been observing the restaurant from a point in or near the alley, heard a loud voice, and started toward the restaurant. As he approached he heard a sound something like the striking of a drum. He ran around toward the front door, found some other officers whom he directed to go in at the front, while he ran to the back door and entered the kitchen of the restaurant. The deceased had been shot; was lying on the floor; gave a gasp and expired. The defendant was seen crouching in or near a corner of the room. A search disclosed a revolver hidden under the rug at about the place where he had been seen crouching down. He admitted ownership of the revolver which had been recently fired. When asked who shot Wade Lindsey, he shook his head and said "You know Wade," and refused to talk.
This was defendant's second conviction. The trial court set aside the first verdict and granted a new trial.
Defendant contends that the case should be reversed because the evidence was insufficient to warrant a conviction.
We have examined the record and find that there was evidence on every material point to support the verdict. On some matters there was disputed testimony. The dispute, however, was resolved by the jury against the contention of the defendant, and the verdict has received the approval of the trial court. Under such circumstances the verdict should not be disturbed. (See City of Cherokee v. Fox, 34 Kan. 16, 7 P. 625; The State v. Baldwin, 36 Kan. 1, 12 P. 318; The State v. Smith, 35 Kan. 618, 11 P. 908; The State v. McLain, 43 Kan. 439, 23 P. 651; The State v. Hunter, 50 Kan. 302, 32 P. 37; The State v. Brubaker, 56 Kan. 90, 42 P. 353.)
Defendant made various objections to the state's evidence. He complains that the court overruled his motion to strike out the...
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State v. Smith
... ... weigh the evidence, or pass upon the credibility of witnesses ... and that where there is any substantial competent evidence to ... support it, a verdict will not be disturbed on the ground of ... insufficiency of the evidence. State v. Morrison, ... 115 Kan. 200, 222 P. 87; State v. Wood, 145 Kan ... 730, 67 P.2d 544; State v. Edwards, 151 Kan. 365, 99 ... P.2d 836; State v. Klein, 154 Kan. 165, 117 P.2d ... 575; State v. Thomas, 155 Kan. 374, 125 P.2d 375; ... and State v. Dodd, 156 Kan. 52, 131 P.2d 725 ... Measured by the rule ... ...
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State v. Dodd
... ... or to pass upon the credibility of witnesses--that is for the ... jury. Where there is any substantial, competent evidence to ... support it, a verdict will not be disturbed on the ground of ... insufficiency of the evidence. State v. Morrison, ... 115 Kan. 200, 202, 222 P. 87, and cases there cited." ... See also State v. Edwards, 151 Kan. 365, Syl. ¶ 3, ... 99 P.2d 836, and cases cited ... Under ... the rule stated we examine the evidence. Briefly stated it ... was shown that defendant and two companions, Morris and ... ...
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State v. Klein
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