party who desires instruction (Kansas) · Go Syfert
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party who desires instruction in Kansas

9 Kansas opinions name it 1 courts 1908–1965 0 in the last five years

The cases below were cited by Kansas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
State v. Pagegreen
kan · 1909 · cited in 1 Kansas opinions naming this issue, 1928–1928
2 sentences

1928See, also, State v. Wood, 118 Kan. 58 , 233 Pac. 1029 .) “In a murder case, where there is some evidence which tends to show a killing in self-defense, and that previous threats had been made by the deceased against the defendant, but the defendant makes no request for special instructions, and the court instructs the jury as to the burden of proof and in general terms as to the law of self-defense, it is not error to fail to expand the instructions on those subjects so as to apply them to the facts which the defendant claims the evidence shows.” (State v. Page, 80 Kan. 389 , syl., 102 Pac. 78

1928See, also, State v. Wood, 118 Kan. 58 , 233 Pac. 1029 .) “In a murder case, where there is some evidence which tends to show a killing in self-defense, and that previous threats had been made by the deceased against the defendant, but the defendant makes no request for special instructions, and the court instructs the jury as to the burden of proof and in general terms as to the law of self-defense, it is not error to fail to expand the instructions on those subjects so as to apply them to the facts which the defendant claims the evidence shows.” (State v. Page, 80 Kan. 389 , syl., 102 Pac. 78

11
State v. Woodgreen
kan · 1925 · cited in 1 Kansas opinions naming this issue, 1928–1928
2 sentences

1928See, also, State v. Wood, 118 Kan. 58 , 233 Pac. 1029 .) “In a murder case, where there is some evidence which tends to show a killing in self-defense, and that previous threats had been made by the deceased against the defendant, but the defendant makes no request for special instructions, and the court instructs the jury as to the burden of proof and in general terms as to the law of self-defense, it is not error to fail to expand the instructions on those subjects so as to apply them to the facts which the defendant claims the evidence shows.” (State v. Page, 80 Kan. 389 , syl., 102 Pac. 78

1928See, also, State v. Wood, 118 Kan. 58 , 233 Pac. 1029 .) “In a murder case, where there is some evidence which tends to show a killing in self-defense, and that previous threats had been made by the deceased against the defendant, but the defendant makes no request for special instructions, and the court instructs the jury as to the burden of proof and in general terms as to the law of self-defense, it is not error to fail to expand the instructions on those subjects so as to apply them to the facts which the defendant claims the evidence shows.” (State v. Page, 80 Kan. 389 , syl., 102 Pac. 78

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Kansas. Read the followed side critically anyway.

Also cited on this issue (11)

CaseCitedYears
State v. Smith green
kan · 1946
2 sentences

1965S. 1949, 62-1447; State v. Smith, 161 Kan. 230 , 167 P. 2d 594 ), a party who desires an instruction upon some particular question not included in the general charge should request that the trial judge give such instruction.

1965S. 1949, 62-1447; State v. Smith, 161 Kan. 230 , 167 P. 2d 594 ), a party who desires an instruction upon some particular question not included in the general charge should request that the trial judge give such instruction.

31952–1965
State v. Ross neutral
kan · 1908
2 sentences

1928“Where the general charge of the court fairly presents the case to the jury, a party who desires an instruction upon some particular question should request it, and cannot predicate error upon the omission if he has not done so.” (State v. Ross, 77 Kan. 341 , syl. ¶ 2, 94 Pac. 270 .

1928“Where the general charge of the court fairly presents the case to the jury, a party who desires an instruction upon some particular question should request it, and cannot predicate error upon the omission if he has not done so.” (State v. Ross, 77 Kan. 341 , syl. ¶ 2, 94 Pac. 270 .

31923–1928
State v. Shaw neutral
· 1909
2 sentences

1923Where the general charge of the court fairly presents the case to the jury, a party who desires an instruction upon a particular question should request it and cannot predicate error upon the omission if he has not done so. [The State v. Ross, 77 Kan. 341 , 94 Pac. 270 ; The State v. Shaw, 79 Kan. 396 , 100 Pac. 78 .) The instructions given by the court, when considered together, fairly presented the case to the jury for consideration.

1923Where the general charge of the court fairly presents the case to the jury, a party who desires an instruction upon a particular question should request it and cannot predicate error upon the omission if he has not done so. [The State v. Ross, 77 Kan. 341 , 94 Pac. 270 ; The State v. Shaw, 79 Kan. 396 , 100 Pac. 78 .) The instructions given by the court, when considered together, fairly presented the case to the jury for consideration.

21923–1925
State v. Anderson neutral
kan · 1952
2 sentences

1956It was there held: “A party who desires an instruction upon some particular question not included in the general charge, should request the presiding judge to give the same; but where no such request is made, and the case is fairly presented to the jury, he cannot afterward complain that the instruction was not given.” For a more recent statement of the rule, see State v. Anderson, 172 Kan. 402 , 241 P. 2d 742 .

1956It was there held: “A party who desires an instruction upon some particular question not included in the general charge, should request the presiding judge to give the same; but where no such request is made, and the case is fairly presented to the jury, he cannot afterward complain that the instruction was not given.” For a more recent statement of the rule, see State v. Anderson, 172 Kan. 402 , 241 P. 2d 742 .

11956–1956
Asbell v. Aldrich neutral
kan · 1915
1 sentence

1923(Hamilton v. Railway Co., 95 Kan. 353 , 147 Pac. 1126 ; Murphy v. Gas & Oil Co., 96 Kan. 321 , 150 Pac. 581 , and cases cited; Warders v. Railroad Co., 105 Kan. 4 , 181 Pac. 599 ; 3 C.

11923–1923
Hamilton v. Atchison, Topeka & Santa Fe Railway Co. green
kan · 1915
1 sentence

1923(Hamilton v. Railway Co., 95 Kan. 353 , 147 Pac. 1126 ; Murphy v. Gas & Oil Co., 96 Kan. 321 , 150 Pac. 581 , and cases cited; Warders v. Railroad Co., 105 Kan. 4 , 181 Pac. 599 ; 3 C.

11923–1923
Murphy v. Ludowici Gas & Oil Co. neutral
kan · 1915
2 sentences

1923(Hamilton v. Railway Co., 95 Kan. 353 , 147 Pac. 1126 ; Murphy v. Gas & Oil Co., 96 Kan. 321 , 150 Pac. 581 , and cases cited; Warders v. Railroad Co., 105 Kan. 4 , 181 Pac. 599 ; 3 C.

1923(Hamilton v. Railway Co., 95 Kan. 353 , 147 Pac. 1126 ; Murphy v. Gas & Oil Co., 96 Kan. 321 , 150 Pac. 581 , and cases cited; Warders v. Railroad Co., 105 Kan. 4 , 181 Pac. 599 ; 3 C.

11923–1923
Warders v. Union Pacific Railroad green
kan · 1919
1 sentence

1923(Hamilton v. Railway Co., 95 Kan. 353 , 147 Pac. 1126 ; Murphy v. Gas & Oil Co., 96 Kan. 321 , 150 Pac. 581 , and cases cited; Warders v. Railroad Co., 105 Kan. 4 , 181 Pac. 599 ; 3 C.

11923–1923
Villalobos v. Cudahy Packing Co. neutral
kan · 1919
1 sentence

1923(Hamilton v. Railway Co., 95 Kan. 353 , 147 Pac. 1126 ; Murphy v. Gas & Oil Co., 96 Kan. 321 , 150 Pac. 581 , and cases cited; Warders v. Railroad Co., 105 Kan. 4 , 181 Pac. 599 ; 3 C.

11923–1923
Labadie v. Pellot neutral
prsupreme · 1907
1 sentence

1908(The State v. Pfefferle, 36 Kan. 90 , 12 Pac. 406 .) Finding no error in the record prejudicial to the substantial rights of the appellant, the judgment is affirmed.

11908–1908
State v. Pfefferle neutral
kan · 1886
1 sentence

1908(The State v. Pfefferle, 36 Kan. 90 , 12 Pac. 406 .) Finding no error in the record prejudicial to the substantial rights of the appellant, the judgment is affirmed.

11908–1908

Where else courts name it

KS 9 (1908–1965) NE 2 (1973–1977)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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