State v. Brache

Citations

• 63 Wash. 396
• 115 P. 853
• 1911 Wash. LEXIS 1214

Syllabus

<p>Robbery — Evidence —r- Sufficiency. A conviction of robbery is sustained by the evidence of the victim that the. defendants seized and carried him along the sidewalk,’ abstracted silver from his trouser’s pocket; ánd threw him down on-the'walk, and that, when he got up, his'pocket book and gold pieces which he was. .carrying in his inside coat pocket were gone.</p> <p>Robbery — Issues- and Proof — -Variance. Upon an information, charging robbery of “lawful money of the United States,” it is not a fatal variance to prove the taking of $1.75 in silver and a twenty and a five-dollar gold piece, the prima facie presumption being that the witness was speaking .of current coins of the country, especially where no objection thereto was made below.</p> <p>Criminal Law — Appeal—Review—Harmless Error. On a trial for robbery,' error in excluding the accused’s explanation of what he did between the time of the transaction and his arrest is not prejudicial, where there was no evidence,of flight.</p> <p>. Trial — Instructions — Time for Request — Discretion. .Under Rem & Bal. Code, § 339, providing that the court shall instruct the jury at the conclusion of the evidence, and thereafter counsel may address the jury; it is discretionary for the court to refuse to give a further instruction after argument of the counsel.</p> <p>Robbery — Trial—Instructions. -In a trial for robbery, where defendants severed; an instruction that the accused could not be found guilty unless the jury found that he took the money from the prosecuting witness, is more favorable to accused than his requested instructions that he could' not be found guilty unless he assisted in taking it or the taking was within the common purpose of the defendants.</p>