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State v. Collins

Citations

  • 112 Wash. 201
  • 191 P. 831
  • 1920 Wash. LEXIS 709

Syllabus

<p>Assault (8)—Offenses—Complaint—Sufficiency. A complaint in justice court charging that the defendant in a quarrel “did strike G. V. with his hand” is insufficient to sustain a conviction of assault.</p> <p>Criminal Law (45, 50)—Former Jeopardy — Insufficient Charge. Where defendant pleaded guilty and was convicted under a complaint insufficient to charge an offense, he cannot interpose the plea of former jeopardy (Holcomb. C. J., and Bridges, J., dissenting) .</p> <p>Same (45, 50)—Former Jeopardy—Conviction in Justice Court— Proceedings—Statutes. The plea of former jeopardy cannot he interposed by a defendant convicted in a justice court upon his plea of guilty to the charge of assault, where the justice failed to comply with Rem. Code, §§ 1930, 1931, which provide that the justice shall summon the injured person and enforce his attendance at the trial if necessary, and shall not assess a fine or enter a judgment until a witness has been examined to state the' circumstances of the transaction.</p>

Judges: Bridges, Fullerton, Holcomb

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