State v. Conner

Citations

• 107 Wash. 571
• 182 P. 602
• 1919 Wash. LEXIS 798

Syllabus

<p>Continúan ce (22)—Absence of Witness—Admission to Pkevent Continuance. Under the express provision of Rem. Code, § 2135, a continuance on account of the absence of a witness, is properly denied where the prosecuting attorney admitted that the witness would testify, as claimed, the same as upon a former trial and such testimony was read to the jury.</p> <p>Intoxicating Diquobs (48, 50)—Unlawful Possession — Evidence—Sufficiency. Under Rem. Code, § 6262-23, making possession of more than two quarts of intoxicating liquors prima facie evidence that it was kept for unlawful sale or disposition, proof of the possession of twenty-three quarts of whiskey raises a question for the jury, notwithstanding defendant testified to its lawful acquisition and that it was kept for his personal use.</p> <p>Same (51)—Offenses—Instructions. In a prosecution for illegal possession of intoxicating liquors, an instruction that there could be no conviction if the accused had an illegal quantity in his possession which he intended to be drunk by himself and guests at his private apartments is favorable to the accused.</p>