State v. Crawford

Citations

• 31 Wash. 260
• 71 P. 1030

Syllabus

<p>HOMICIDE-SELF-DEFENSE-EVIDENCE-THREATS.</p> <p>Where testimony as to a threat made by respondent is relevant, it is for the jury to determine whether or not it proves the fact for which it was introduced, and error could not be predicated on the court’s refusal to strike it on the ground that the language testified to did not amount to a threat.</p> <p>SAME-DYING DECLARATIONS-SURROUNDING CIRCUMSTANCES.</p> <p>The circumstances under which a dying declaration was made affect its weight and credibility, and hence are admissible in evidence.</p> <p>SAME-ABSENCE OF MALICE-FEAR OF DECEASED.</p> <p>In a prosecution for murder, it was error to exclude testimony by the defendant as to whether he had any malicious feelings toward the deceased, and whether or not he was in fear of the deceased, since his feelings, motives or beliefs would be relevant to the issue of self-defense.</p> <p>SAME-REPUTATION OF DECEASED.</p> <p>The general reputation of the deceased as to going armed is admissible in evidence upon a trial for murder, where the defendant interposes the defense of justifiable homicide.</p> <p>SAME-REBUTTAL-TESTIMONY OF WIFE AS TO DECEASED’S FIREARMS.</p> <p>In a prosecution for murder, testimony by the wife of the deceased as to the number and character of fire arms he owned, and whether he had any of them with him at the time of the affray, and also as to the time of day he reached home after being shot by defendant, was admissible for the purpose of tending to refute defendant’s evidence offered in support of the claim of self-defense.</p> <p>SAME-APPARENT DANGER-INSTRUCTIONS-CURING ERROR IN CHARGE.</p> <p>A misstatement in an instruction to the effect that justifiable homicide is the killing of one who “manifestly intends” to commit a felony against the slayer, was cured by the subsequent charge in the same instruction that a person may act in self-defense when he in good faith, and as a reasonable man, has cause to believe that his life is in danger, whether t