State v. ArmStrong

Citations

• 29 Wash. 57
• 69 P. 392
• 1902 Wash. LEXIS 554

Syllabus

<p>CRIMINAL LAW — DISMISSAL-EFFECT AS BAB.</p> <p>Under Bal. Code, § 6916, which provides that the dismissal of an information is a bar to another prosecution for the same offense, if it be a misdemeanor, but is not a bar if the offense charged is a felony, one charged with a felony but convicted of a misdemeanor is not entitled to claim that the information was barred because of the dismissal of a prior one.</p> <p>SAME-CROSS-EXAMINATION.</p> <p>Where a defendant on the witness stand, charged with assault with a deadly weapon, has stated on his direct examination as to whether he had had any other trouble than the alleged offense, that he always tried to get along with his neighbors, it' was not error to permit cross-examination as to quarrels and fights with others of his neighbors.'</p> <p>SAME-COSTS.</p> <p>Under Bal. Code, § 6975, which provides that “when the defendant is found guilty, the court shall render judgment accordingly, and the defendant shall be liable for all costs, unless the court or jury trying the cause expressly find otherwise,” and Id., § 1629, which provides that “every person convicted of a crime, or held- to bail to keep the peace, shall be liable to all the cost's of the proceedings against him, including, when tried by a jury in the superior court, $12 for a jury fee,” it was not error for the court to refuse to strike from the cost bill against defendant the jury fee, clerk’s and sheriff’s fees, although the compensation of such officers is provided for by salaries instead of fees.</p>