State v. Anderson

Citations

• 30 Wash. 14
• 70 P. 104
• 1902 Wash. LEXIS 641

Syllabus

<p>HOMICIDE-INFORMATION-DESCRIPTION OF WEAPON-VARIANCE.</p> <p>Proof that a murder was committed with a cigar cutter, under an information charging the killing as done “with an iron instrument,” does not constitute a variance, when the cigar cutter was an iron instrument.</p> <p>SAME.</p> <p>An information charging defendant with killing another “with an iron instrument, then and there a deadly weapon,” though general in its description of the weapon, is good against an objection made after verdict.</p> <p>SAME-TIME OF COMMISSION OF OFFENSE.</p> <p>It is not a fatal variance to fail to prove that the crime was committed on the particular day alleged in the information, but, under Bal. Code, § 6845, it is sufficient if it be proved to have been committed within the time in which an action may be commenced on account thereof.</p> <p>SAME-EVIDENCE.</p> <p>In a prosecution for murder, it was not error to refuse to permit a witness to state what he understood was meant by a remark made by the deceased just before the altercation in which he was killed, inasmuch as the understanding of the witness as to its import was immaterial.</p> <p>REQUESTED INSTRUCTIONS — HARMLESS ERROR.</p> <p>A judge is not required to give requested instructions in the language of the party requesting them, however pertinent such language may be, but may instruct upon such points in his own language.</p>