State v. Barker

Citations

• 56 Wash. 510
• 106 P. 133
• 1910 Wash. LEXIS 835

Syllabus

<p>Criminal Law — Evidence-—Confessions—Trial. Upon an objection to admissions by the accused on the ground of duress, the question whether the admissions were voluntary or were made under the influence of fear produced by threats, within Bal. Code, § 6942, is a mixed question of law and fact and may properly be determined by the judge upon an examination of the witnesses in the presence of the jury.</p> <p>Same — Appeal—Review. Such decision is reviewable on appeal as any other question of law or fact passed upon by the court.</p> <p>.Criminal Law — Evidence—Proof of Motive. In a prosecution for murder, when the accused is shown beyond a reasonable doubt to have committed the crime, proof of motive is not essential to sustain a conviction.</p> <p>Criminal Law — Evidence—Confessions—Effect. The jury is properly instructed that voluntary confessions are to be considered as any other testimony, and may be rejected or believed, either in whole or in part.</p> <p>Same — Confessions—Instructions—Issue and Proof. Where there was no question but what confessions were voluntary, it is not error to refuse to submit to the jury the question whether they were voluntary.</p> <p>Criminal Law — Trial—Conduct—Witnesses—Experts — Examination. In a prosecution for murder, it is not error for the court, on the last day of the trial, to refuse to appoint a chemist to examine the clothes worn by the accused for blood stains, the state not having claimed that they were blood stained, and the accused not having subpoenaed any witness for that purpose.</p>