State v. Aker

Citations

• 54 Wash. 342
• 18 Am. Ann. Cas. 972
• 103 P. 420
• 1909 Wash. LEXIS 998

Syllabus

<p>Criminal Law — Trial—Verdicts—Impeachment. A verdict in a criminal case cannot be impeached by the affidavit of a juror showing the effect upon his mind of comment by the judge, but the impropriety of comment must be determined from the context alone.</p> <p>Same — Misconduct of Judge. A remark by the trial judge indicating that cross-examination had proceeded far enough, is not objectionable as indicating the judge’s opinion as to the guilt of the accused, nor as comment on the evidence.</p> <p>Same — Misconduct of Juror — New Trial. It is not misconduct warranting a new trial that a juror expressed his opinion in the jury room as to the guilt of accused before the case was submitted, where it is not claimed that the opinion was based on facts outside the evidence.</p> <p>Same — Trial—Verdict—Impeachment. A verdict cannot be impeached by the affidavits of a juror that he was coerced to agree to the verdict by threats that he would be denounced to the court and, as he believed, subjected to penalties.</p> <p>Same — Trial—Misconduct of Bailiff. It is not misconduct on the part of a bailiff having the jury in charge, warranting a new trial, that he opened the door during the deliberation of the jury and stood temporarily in tlie doorway and spoke to the jurors, when nothing is shown as to what he Said, this having occurred in the presence of one of the attorneys for the accused.</p> <p>Incest — Evidence—Corroboration—Necessity. A conviction of incest may he had without corroboration of the testimony of the prosecuting witness, in the absence of any statutory requirement therefor.</p> <p>Criminal Law — Trial — Instructions — Lesser Offenses — Attempts — Incest and Assault. In a prosecution for incest it is proper to refuse to instruct that the jury may find the accused guilty of an attempt to commit the crime, or of assault and battery, where any attempt made culminated in the completed offense, and there was no charge of assault and battery, although there was evid