State v. Clem

Citations

• 49 Wash. 273
• 94 P. 1079
• 1908 Wash. LEXIS 565

Syllabus

<p>Indictment and Information — Lesser Degrees of Offense — Larceny. Upon a charge of larceny from the person, defendant may be convicted of petit larceny, as the same is but a lesser degree of the same offense.</p> <p>Trial — Misconduct of Court — Comment on Evidence. The repetition by the court of a statement by a witness, for the purpose of further explanation from counsel, is not unlawful comment on the evidence.</p> <p>Appeal — Preservation of Grounds — Objections and Exceptions. Unlawful comment on the evidence by the court, to which no objection was made or exception taken below, cannot be objected to for the first time in the appellate court.</p> <p>Criminal Law — Evidence—Good Character — Relevancy. It is not error to restrict the examination of the accused as to particular matters concerning his previous occupations for the purpose of establishing good character, where accused had been allowed to state the same generally and go as far as circumstances required.</p> <p>Same. Evidence offered by the accused concerning his family and of whom it consisted is properly excluded when it would only distract the attention of the jury from the issue.</p> <p>Same — Appeal-—Review. The appellate court is not warranted in setting aside a conviction for insufficiency of the evidence where there was substantial evidence of appellant’s guilt.</p>