State ex rel. Gabe v. Main
Citations
- 66 Wash. 381
- 119 P. 844
- 1911 Wash. LEXIS 1079
Syllabus
<p>Criminal Law — Trial — Presence of Accused — Necessity — Waiver of Right. Rem. & Bal. Code, § 2145, providing that no person punishable by death or imprisonment shall be tried unless personally present, does not, in cases not capital, preclude the entry of judgment upon a verdict, received in the absence of the defendant, if the defendant, out on bail, voluntarily absents himself without leave, for he thereby waives his right.</p> <p>Same — Statutes—Construction. Upon the question of the necessity of the defendant’s presence when the .verdict is received, Rem. & Bal. Code, § 2196, providing that a defendant punishable by imprisonment must be personally present for the purpose of judgment* and if for fine only, he must be present or some responsible person must undertake for him to secure the payment controls § 2145, providing that no person shall be tried unless personally present.</p> <p>Same — Pbesence of Accused — Necessity — Acquittal. Under Rem. & Bal. Code, § 2196, providing that for the purpose of judgment, if the conviction be for an offense punishable by imprisonment, the defendant must be personally present, and if for a fine only, he must be personally present or some responsible person must, undertake for him to secure the payment, it is .not necessary that a defendant out on bail be present upon receipt of a verdict of acquittal.</p> <p>Mandamus — To Coubts — When Lies. Mandamus lies to compel the trial court to enter judgment upon a verdict of not guilty, after refusal so to do.</p> <p>Bail — Relief fbom Fokfeituee — Acquittal—Effect—Dischabse of Bond. A verdict of not guilty in the superior court, upon appeal from justice court, discharges the appeal bond, and judgment forfeiting the bond, even if entered a few minutes before the verdict was received, is error.</p> <p>Mandamus — To Coubts — When Lies — Adequacy of Remedy by Appeal. Where, notwithstanding a verdict of not guilty, the court, refused to enter judgment for the defendant, but forfeited
Judges: Ellis
Read full opinion on CourtListenerCited by
9 cases in this archive cite this case.
- State ex rel. Martin v. Superior CourtWashington Supreme Court· 1918-04-10· cited 41×
- State v. LaBelleCourt of Appeals of Washington· 1977-08-22· cited 31×
- State ex rel. Sholseth v. KnightSouth Dakota Supreme Court· 1928-05-04· cited 10×
- State v. Superior CourtWashington Supreme Court· 1913-04-18· cited 9×
- State ex rel. Stone v. Superior CourtWashington Supreme Court· 1917-06-29· cited 9×
- State v. SandersArizona Supreme Court· 1959-02-18· cited 8×
- State v. BryantWashington Supreme Court· 1916-02-29· cited 8×
- State ex rel. Langley v. Superior CourtWashington Supreme Court· 1913-08-05· cited 7×
- State v. FongWashington Supreme Court· 1914-03-28· cited 1×
Cites
13 cases in this archive are cited by this case.
- State ex rel. Brown v. McQuadeWashington Supreme Court· 1905-01-16· cited 45×
- Barton v. StateSupreme Court of Georgia· 1881-04-15· cited 37×
- State v. KellySupreme Court of North Carolina· 1887-02-15· cited 32×
- Robson v. StateSupreme Court of Georgia· 1889-04-22· cited 24×
- State v. PerkinsSupreme Court of Louisiana· 1888-03-15· cited 8×
- Jackson v. StateSupreme Court of New Jersey· 1887-02-15· cited 6×
- People v. MaddenNew York Court of Common Pleas· 1890-02-10· cited 4×
- People v. GrossmanNew York Court of Common Pleas· 1889-06-03· cited 2×
- People v. HigginsNew York Court of Common Pleas· 1889-12-02· cited 2×
- People v. TietjenNew York Court of Common Pleas· 1890-02-03· cited 2×
- People v. CooneyNew York Court of Common Pleas· 1890-02-03· cited 2×
- People v. TreanorNew York Court of Common Pleas· 1890-02-03· cited 1×
- People v. SamuelsNew York Court of Common Pleas· 1893-10-09· cited 1×
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