State v. Copeland

Citations

• 66 Wash. 243
• 119 P. 607
• 1911 Wash. LEXIS 1051

Syllabus

<p>Criminal Law — Appeal—Review—Verdict. A conviction for assault with a weapon likely to do bodily harm will not be disturbed on appeal on the ground that the assault was justified, where that depends upon the credibility of witnesses and the evidence was conflicting.</p> <p>Criminal Law — Trial—Reception op Evidence — Rebuttal. It is not an abuse of discretion to permit testimony on the part of the state in rebuttal which was cumulative of the state’s evidence in chief, where it went but little beyond direct contradiction of the defendant’s testimony of self-defense.</p> <p>Indictment and Information — Degrees op Oppense — Eirst and Second Degree Assaults — Statutes. A conviction of assault with a weapon likely to produce bodily harm, within Rem. & Bal. Code, § 2414, subd. 4, may be had under an information charging an assault with, a shot gun by shooting with intent to kill, under Id., §2413, subd. 1; as the former is necessarily included within the latter, within the requirements of Id. § 2168.</p> <p>Criminal Law — Trial—Instructions. Upon an information for assault with intent to kill, it is not error to refuse to instruct as to assault and battery, where the evidence conclusively shows that defendant was guilty of first or second degree assault or not at all.</p>