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State v. Streeter

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eBook details

  • Title: State v. Streeter
  • Author : Supreme Court of Kansas
  • Release Date : January 03, 1952
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 49 KB

Description

The opinion of the court was delivered by Defendant was convicted and sentenced in the district court on two counts of an attempt to commit the crime against nature contrary to the provisions of G.S. 1949, 21-101 as it relates to G.S. 1949, 21-907. No useful purpose can be served by relating the evidence in this case nor is it necessary in a determination of the issues raised on appeal. Defendant first asserts that the trial court erred in admitting certain testimony. On the day of the trial, the state was permitted over the objections of defendant to read the transcript of testimony of certain witnesses given at the preliminary examination for the offenses upon which the defendant was being tried. The basis for admission of this testimony was that the witnesses could not be served with subpoena process and were outside the jurisdiction of the trial court; that a subpoena had previously been issued to the witnesses at their address at a trailer camp, Trailer Lake Park, Kansas, is admitted. Prior to the offer of this testimony, the state placed on the witness stand the deputy sheriff, who testified that he attempted to serve subpoenas on these witnesses on September 7, 1951, five days before trial of the action on September 12, 1951; that he went to Trailer Lake, a trailer camp, where these witnesses were living at the time of the preliminary hearing, but he was unable to serve them. He was advised by the manager of the camp that these people had moved out of the state, some of them to California. He was unable to serve any of the people whose names appeared on the subpoena.


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