(Download) "State v. Brothers" by Supreme Court of Kansas # Book PDF Kindle ePub Free
eBook details
- Title: State v. Brothers
- Author : Supreme Court of Kansas
- Release Date : January 12, 1973
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
The opinion of the court was delivered by Timothy Robert Brothers was convicted by a jury upon two counts of selling LSD. New trial was denied, sentence was imposed June 23, 1972, and Brothers now appeals. Appellant contends he was not tried by a jury of his peers. In his brief he states he was twenty-one years of age, that the jurors were persons of the age of thirty-five years or more and all younger persons were excluded from the jury at appellee's request. For several reasons the complaint cannot be sustained. First, appellant has failed to produce any record upon appeal showing either the composition of the jury as to age or the proceedings of its selection and impaneling. An issue will not be considered upon appeal where its existence depends upon facts which do not appear in the record before the appellate court. Appellee has supplied a supplemental record of the hearing on motion for new trial wherein the following comments by the trial court appear: If I recall correctly, the record in this case will show that all of the younger people that were excused from the jury, said that in their opinion they could not give this defendant a fair trial because the drug laws were too strict and I'm not going to keep anybody on the jury that tells me they don't think they can give the defendant a fair trial.
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