State v. Dale

Citations

• 115 Wash. 466
• 197 P. 645
• 1921 Wash. LEXIS 767

Syllabus

<p>Criminal Law (12)—Intoxicating Liquors (29)—Transporta-tion-Attempts. Under Rem. Code, § 2253, defining misdemeanor as a crime, and Rem. Code, § 2264, providing that “an act done with intent to commit a crime, and tending but failing to accomplish it, is an attempt to commit that crime”, one attempting to transport intoxicating liquors without the permit required by statute would be guilty of a crime.</p> <p>Criminal Law (143, 460)—Evidence—Prior Convictions. In a prosecution for violation of the state liquor laws, in which defendant was charged with prior conviction for violation of the law, a certified copy of the justice’s docket reciting that defendant was charged with having committed the offense of violation of the liquor laws by having in his possession liquor with intent unlawfully to dispose of same, to which charge he pleaded guilty, was sufficient as proof of prior conviction.</p> <p>Intoxicating Liquors (51)—Instructions — Irrelevant References. In a prosecution for violation of the intoxicating liquor laws, the fact that the court in instructing the jury read not only the sections of the statute relating to the transportation of liquor by an individual without a permit, but read also the section applicable to transportation by common carriers, was not reversible error, since the irrelevant reference to transportation by common carriers was nothing more than an abstract proposition, which was not prejudicial to defendant.</p> <p>Same (51)—Instructions—Former Convictions. In a prosecution of defendant charged with three prior convictions for violation of the state liquor laws, in which the court had instructed the jury that, in order to find defendant guilty, they must find that he had theretofore been three times convicted of violating the law, an additional instruction, given upon a request by the jury as to “what relation the three former convictions had in this case”, was not erroneous in charging them that the three former convictions referred to