State v. Coella

Citations

• 8 Wash. 512
• 36 P. 474
• 1894 Wash. LEXIS 100

Syllabus

<p>CRIMINAL LAW —QUALIFICATION OF JUROR — EVIDENCE —CONCLUSIONS OF WITNESS — CONFESSIONS — FAILURE OF STATE TO CALL WITNESS — VIEW OF PREMISES — INSTRUCTIONS — EXCEPTIONS.</p> <p>A juror in a murder trial is not disqualified by the fact that he had heard what purported to be the facts relative to the killing from several persons soon after its occurrence, when he testifies that he could disregard any impression received therefrom, and try the case fairly upon the evidence.</p> <p>The refusal of the court to permit an answer to a question, which merely asks for a conclusion of the witness, is not erroneous.</p> <p>In a prosecution for murder, where the plea of self defense is set up, the admission in evidence of the statement of defendant that he killed the deceased is harmless error, though the confession was made as the result of fear produced by threats, when no further particulars than the mere killing are wrung from the defendant while under the influence of fear.</p> <p>Proof of the reason why the state does not, in a second trial of a criminal case, call a witness who testified for the prosecution upon a former trial, is immaterial.</p> <p>It is not error for the court to refuse to instruct the jury to find a verdict of not guilty in a prosecution for murder, when the state has proved the killing by defendant of deceased, the weapons used, and the condition in which the body was found; and has shown a motive for the killing.</p> <p>Where there is no material controversy with regard 'to the premises where a homicide has been committed, it is not error to refuse to allow the jury to view the scene.</p> <p>In a prosecution for murder, where the theory of the state is that the motive for the crime was robbery, it is not error to sustain an objection to the question as to what was the largest sum deceased ever had in the bank at any time, although the object of such testimony is to show the habit of deceased to keep his money in bank and not in his room.</p> <p>In