State of Kansas v. Yeater

The opinion of the court was delivered by

Johnston, C. J.:

H. A. Yeater was convicted of manslaughter in the third degree for the killing of Archie Capps, and appeals.

On August 9, 1913, Yeater, a robust man about thirty-one years o'f age, and Harry Capps, who was about sixteen years of age, were both employed by the Missouri.Pacific Railway Company at.Council Grove, Yeater at the roundhouse as an engine-crew caller and Harry Capps at the passenger depot as a train-crew caller. It appears that at about eleven o’clock of that night Harry Capps called Yeater on the telephone to inquire about a…