Marshall v. Dunn

Citations

• 93 Wash. 156
• 160 P. 298
• 1916 Wash. LEXIS 1168

Syllabus

<p>Witnesses — Credibility—Conviction of Crime. In a civil action for an assault and battery, the record' of defendant’s conviction in the police court for the commission of the same assault and battery is admissible when offered for the sole purpose of affecting the weight to be given to the testimony of the defendant as expressly provided in Rem. 1915 Code, § 2290.</p> <p>Witnesses — Credibility — Conviction — “Crime”—Statutes. An assault and battery, even if made punishable by a municipal ordinance as a misdemeanor, being malum in se, is a “crime,” within Rem. 1915 Code, § 2290, permitting a conviction of crime to be shown for the purpose of affecting the weight to be given to the defendant’s testimony.</p> <p>Appeal — Assignment of Errors — Reply Brief. Errors claimed in the appellant’s reply brief need not be considered when not assigned in his opening brief, under the express provisions of Rem. 1915 Code, § 1730.</p> <p>Appeal — Review—New Trial — Discretion. The discretion of the trial court in refusing a new trial for alleged newly discovered evidence will not be disturbed on appeal where the evidence submitted was contradicted and abuse of discretion was not shown.</p>