State v. Buttignoni

Citations

• 118 Wash. 110
• 203 P. 76
• 1921 Wash. LEXIS 948

Syllabus

<p>Criminal Law (460) — Punishment—Subsequent Offenses— Statutes — Construction. Laws 1917, p. 61, § 15, amendatory of § 32 of the initiative measure against tbe sale of intoxicating liquors (Laws 1915, cb. 2, p. 2) which prescribes a punishment for every person convicted a second time of a violation of any of the provisions of “this act,” contemplates convictions under the prior act, since the two acts are to be construed as one act covering the same subject-matter.</p> <p>Same (460) — Punishment—Subsequent Offenses — Prior Conviction — Effect of Statute of Limitations. The fact that the statute of limitations had run against an offense for which one had been convicted would not affect the power of the court to impose increased punishment for a second violation of the act, as the penalty is not imposed for the prior conviction, which is merely an element of aggravation of the last offense.</p> <p>Same (333) — Verdict—Form—Separate Verdicts. Two verdicts returned into court at the same time, one finding the defendant guilty of the crime charged and the other finding the fact of a prior conviction, is in no way prejudicial to the rights of defendant.</p>