State v. Clark

Citations

• 58 Wash. 128
• 107 P. 1047
• 1910 Wash. LEXIS 906

Syllabus

<p>Indictment and Information—Requisites—Verification. The verification of an indictment is sufficient when the jurat is signed by the deputy clerk as such.</p> <p>Homicide—Degrees—Justification—Burden of Proof—Instructions. In a prosecution for homicide, it is proper to instruct that upon proof of the killing being established beyond a reasonable doubt, the presumption of law is that it was murder in the second degree, and that the burden-is upon the defendant to justify it or reduce it to manslaughter, where there were other proper instructions as to the presumption of innocence, burden of proof, and the definitions of the various degrees of homicide.</p> <p>Criminal Law—Trial—Jurors—Separation. Rem. & Bal. Code, § 2159, providing that jurors shall not be allowed to separate except by consent of the accused, applies only to jurors sworn to try the cause, and not to jurors sworn on their voir dire, as to whom it is discretionary to allow a separation on adjournments before the paneí is complete.</p>