State v. McCarty
Supreme Court of Kansas
Appeal from Marion District Court. At the March term, 1893, of the district court of Marion county, the appellant, John E. McCarty was tried, and convicted of murder in the second degree. He was charged with the murder of A. E. Gross. He admitted the killing, but claimed that the act was justifiable, and done in self-defense. The affair was witnessed by a considerable number of persons who testified in the case.
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Appeal from Marion District Court. At the March term, 1893, of the district court of Marion county, the appellant, John E. McCarty was tried, and convicted of murder in the second degree. He was charged with the murder of A. E. Gross. He admitted the killing, but claimed that the act was justifiable, and done in self-defense. The affair was witnessed by a considerable number of persons who testified in the case. The first trouble between the parties, shown by the evidence, occurred about a year before the killing. At that time, Gross accused McCarty of having sold a cow that was “about to be…
1Opinion of the Court
*55The opinion of the court was delivered by
Allen, J.:
Three questions only are discussed, which will be considered in their order.
I. Error is claimed in the admission of the following testimony of the witness Samuel Kennedy: “Mr. Gross was standing in that alley back of Costello’s. I did n’t see McCarty at all. I went down to Gross, and he said McCarty had gone to get a gun to kill him.” I said, “You had better go down to the shop.” (He was working for Mr. Hauser.) “Go around to the shop and not have any fuss with him.” It is contended that this was hearsay and highly prejudicial to the…
2Cases cited1 opinion
- State v. DicksonSupreme Court of Kansas · 1870
3Cited by10 opinions
- State v. WintersSupreme Court of Kansas · 1909
- State v. ClarkSupreme Court of Kansas · 1904
- State v. WeyerSupreme Court of Kansas · 1972
- State v. HardistySupreme Court of Kansas · 1926
- State v. RobinsonSupreme Court of Kansas · 1958
5 more not listed; retrieve them via the Exa API.