State v. Barkuloo

Citations

• 18 Wash. 141
• 51 P. 350
• 1897 Wash. LEXIS 124

Syllabus

<p>LARCENY OP CATTLE — SUFFICIENCY OF INFORMATION—RECORD ON APPEAL — RECITALS AS TO SWEARING JURY AND BAILIFF — SEPARATION OF JURY.</p> <p>An information states facts sufficient to constitute the crime of cattle stealing, wlien it alleges that defendant “ at the county of Spokane and state of Washington, then and there being, did then and there unlawfully and feloniously take, steal, carry and drive away two head of neat cattle then and there being, and which said two head of neat cattle were then and there the property of and belonging to one E. L. Woneh,” etc.</p> <p>The record on appeal sufficiently shows that the jury in a criminal case was properly sworn, when it sets out that “ the jury was sworn to try the cause well and truly,” as it is not necessary that the record contain the language of the oath for the purpose of showing conformity to the language of the statute. (Aitoebs, X, dissents).</p> <p>The statement in the record on appeal of a criminal case that the jury retired in charge of a sworn bailiff is sufficient to show that the bailiff was duly sworn.</p> <p>A jury in a criminal case cannot, after agreeing upon a verdict, separate before its return into court.</p>