State v. Andrews

Citations

• 71 Wash. 181
• 127 P. 1102
• 1912 Wash. LEXIS 717

Syllabus

<p>Forgery — Joint Prosecution — Acts and “Possession” oe Conspirators — Common Design. It is no defense to a joint prosecution for knowingly having in possession a forged instrument with intent to utter it, that the instrument was taken from the actual possession of only one of the conspirators, where there was abundant evidence that they were acting in concert with a common criminal design.</p> <p>Criminal Law — Appeal—Exceptions — Necessity. Instructions cannot be reviewed on appeal where no exceptions were taken, even where accused is defended by counsel appointed by the court.</p> <p>Same — Trial—Written Instructions — Waiver. A defendant in a felony case may waive the statutory requirement that the instructions to the jury be given in writing.</p> <p>Same — Sentence—Minimum Fixed by Statutes. An indeterminate sentence for a term of not less than ten years and not more than twenty years is beyond the power of the court where the maximum allowed was twenty years and the statute expressly limits the minimum term to “not less than six months nor more than five years.”</p> <p>Same — Appeal—Decision—Reduction oe Sentence. Where the trial court exceeds its power in imposing a sentence, the supreme court will not order a new trial, but will remand the case for the proper sentence.</p>