State v. Colagino

Citations

• 119 Wash. 301
• 205 P. 413
• 1922 Wash. LEXIS 778

Syllabus

<p>Homicide (83, 90-1) — First Degree — Question for Jury. The finding of murder in the first degree on conflicting evidence, was a question for the jury, where it appears that, although the defendant may have killed deceased in anticipation of trouble when the deceased called on him relative to accusations defendant had made .against deceased’s son, where his defense of a killing in self-defense, after a struggle, is discredited and appears to have been manufactured.</p> <p>Criminal Law (452) — Appeal—Harmless Error — Instructions —Requests. It is not error1 to refuse to give requested instructions in the language proposed, where they were covered in other instructions as favorable to the accused.</p> <p>Same (452). An instruction upon the subject of the flight of the accused is not prejudicial where, as a whole, the meaning was clear, and the jury were left to say whether the evidence justified the conclusion that accused had fled or attempted flight.</p>