State v. Campbell
Citations
- 40 Wash. 480
- 82 P. 752
- 1905 Wash. LEXIS 1010
Syllabus
<p>Criminal Law — Former Jeopardy — Dismissal of Charge for Misdemeanor as Bar to Information for FelOny — Statutes—Construction. The constitutional prohibition against placing a person twice in jeopardy is not violated by the filing of an information charging an assault with intent to commit murder, after the dismissal of a prosecution for exhibiting a dangerous weapon, which is a misdemeanor only; since Bal. Code, § 6916, providing that the dismissal of a prosecution for a misdemeanor shall be a bar to a further prosecution was not intended to apply to prosecutions for felony, and since the misdemeanor named was not necessarily included in the later charge.</p> <p>Criminal Law — Information—Degrees of Offense. A charge of exhibiting a dangerous weapon is not necessarily involved in the crime of assault with intent to commit murder, and a dismissal of the former charge is not a bar to a prosecution of the latter.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- referring to the lesser included offense as a “constituent element in the perpetration of the greater offense”
Source: CourtListener parenthetical corpus (CC0).
Judges: Dunbar, Fullerton
Read full opinion on CourtListenerCited by
11 cases in this archive cite this case.
- State v. GockenWashington Supreme Court· 1995-06-22· cited 214×
- State v. RoybalWashington Supreme Court· 1973-07-26· cited 151×
- State v. La PorteWashington Supreme Court· 1961-09-28· cited 67×
- State v. JohnsonWashington Supreme Court· 1962-05-17· cited 61×
- State v. WaldenburgCourt of Appeals of Washington· 1973-08-16· cited 31×
- State v. BurnsWashington Supreme Court· 1909-07-10· cited 21×
- State v. ElliottWashington Supreme Court· 1912-06-17· cited 13×
- State v. WickstromWashington Supreme Court· 1916-08-16· cited 9×
- State v. WilsonWashington Supreme Court· 1924-07-29· cited 5×
- State v. WhitehouseWashington Supreme Court· 1923-02-07· cited 4×
- State v. McCollumWashington Supreme Court· 1943-03-16· cited 4×
Cites
2 cases in this archive are cited by this case.
Sourced from CourtListener / Free Law Project (CC0).
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