State v. Albutt

Citations

• 99 Wash. 253
• 169 P. 584
• 1917 Wash. LEXIS 1042

Syllabus

<p>Criminal Law—Insanity—Evidence—Truth of Communication. Upon an issue as to insanity brought about when the accused in good faith believed information which rendered her mentally irresponsible, it is error to admit evidence of the falsity of the information, since its truth or falsity is immaterial.</p> <p>Same. In such a case, the fact that the accused testified that she still believed in the truth of the information, is not a sufficient excuse for the introduction of a mass of incompetent testimony as to its falsity.</p> <p>Same—Appeal—Review—Cube by Instruction. Error in the admission of evidence as to the truth or falsity of information causing accused’s insanity is not cured by an instruction that the only issue was whether the information was given to the accused and whether she had probable cause to believe it; since the effect of the instruction was doubtful and the doubt must be resolved in favor of the accused.</p> <p>Assault and Battery—Deqbees—Homicide—Question foe Jury. Where the accused pointed a pistol at and threatened the prosecuting witness, and the pistol was fired during a struggle, and the defense was insanity, both first and second degrees of assault are properly submitted to the jury, under the statute in which the first degree assault requires a specific intent to kill a human being, and in which second degree assault is an assault with a weapon likely to produce bodily harm regardless of any specific intent.</p>