State v. Baker

Citations

• 69 Wash. 589
• 125 P. 1016
• 1912 Wash. LEXIS 959

Syllabus

<p>Indictment and Information—Robbery—Attempt—Language of Statute. An information charging an attempt to commit robbery is not insufficient in that the physical acts done towards the commission of the offense are not set forth, where it follows the language of Rem. & Bal. Code, § 2418, defining robbery and charges the defendant with an attempt to do the precise thing recited in the statute as constituting the crime.</p> <p>Criminal Law—Appeal—Harmless Error. It is error without prejudice for the court, in a prosecution for attempt to rob, to inadvertently instruct the jury that the crime of attempted robbery includes the lesser offense of grand larceny, where no finding was made thereon and the error did not enter into the verdict.</p> <p>Criminal Law—Evidence—Res Gestae—Several Defendants— Acts of One. Where one of two robbers was immediately captured and given to the prosecuting witness to hold while the officer pursued the other, whereupon the first offered money to be allowed to escape and finally escaped, what was said and done while the other was absent is admissible as part of the res gestae, and also for the reason that there was concert of action between the two in the commission of the offense.</p> <p>Criminal Law—Evidence—Illustrations. It is not error to allow a witness who had been robbed to illustrate upon the person of another the position of the defendant’s arms with relation to his person when his pocketbook was taken.</p>