State v. Ash

Citations

• 68 Wash. 194
• 122 P. 995
• 1912 Wash. LEXIS 1267

Syllabus

<p>Homicide — Desbees of Offense — Instructions—Application to Evidence. Where a homicide was committed by one who lay in ambush for two nights and one day waiting a favorable opportunity to shoot his victim, and the undisputed facts show a killing with a premeditated design without excuse unless his defense of insanity was established, it is reversible error to submit to the jury the crime of manslaughter.</p> <p>Criminal Law- — Former Jeopardy — Conviction of Lesser Desree as Acquittal of Higher Offense. Where a person accused of murder in the first degree was erroneously convicted of manslaughter, and the judgment is reversed on his own appeal, he cannot, on a new trial, plead the former conviction of the lesser offense as an acquittal of the greater offense; since by the appeal he waived his plea of former jeopardy, and the new trial should therefore be upon all the offenses included within the charge (Overruling State v. Murphy, 13 Wash. 229).</p>