(Download) "State v. Ralls" by Supreme Court of Kansas ~ eBook PDF Kindle ePub Free
eBook details
- Title: State v. Ralls
- Author : Supreme Court of Kansas
- Release Date : January 03, 1973
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
The opinion of the court was delivered by The defendant Richard David Ralls was convicted by a jury of larceny of property of the value of over $50.00, a 1967 Chevrolet automobile, and he was sentenced to not less than five nor more than fifteen years. (K.S.A. 21-534.) On appeal defendant-appellant raises several alleged trial errors which we will examine in turn. The first point is directed toward comments by the prosecuting attorney during his opening statement which related to the need of the state to rely generally on circumstantial evidence to prove automobile larcenies. The defendant argues it was reversible error for the court to fail to inform the jury that they should disregard such comments made by the county attorney during his opening statement. The record indicates that the defendant neither objected to these comments nor requested that the jury be informed to disregard such statements. An appellate court will not for the first time consider points on appeal which were not brought to the attention of the trial court. (State v. Smith, 209 Kan. 664, 498 P.2d 78.) Reversible error cannot be predicated upon a complaint of misconduct of counsel for the state in the opening statement or closing argument to the jury when the defendant made no objection to the misconduct and made no request to have the court admonish the jury to disregard the objectionable statements. (State v. Fleury, 203 Kan. 888, 896, 457 P.2d 44; State v. McDermott, 202 Kan. 399, 405, 449 P.2d 545, cert. den. 396 U.S. 912, 24 L.Ed.2d 187, 90 S.Ct. 226.) Defendant next contends the trial court committed prejudicial [213 Kan. 251]
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