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