State v. Daniels

Citations

• 119 Wash. 557
• 205 P. 1054
• 1922 Wash. LEXIS 812

Syllabus

<p>Larceny (1) — Offenses Constituting — Statutes. Rem. Comp. Stat., § 2601, making it larceny to take, lead or drive away the property of another with intent to deprive the owner thereof, defines a distinct offense and is not superseded by Id., § 2601-1, providing that any one who intentionally takes or drives away any motor vehicle of another shall be deemed guilty of a felony; and the latter offense does not necessarily include the idea of theft.</p> <p>Homicide (268) — Question for Jury — Completion of Larceny Before Killing. In a prosecution for first degree murder, under Rem. Comp. Stat., § 2392, subdiv. 3, for the killing of a policeman while accused was engaged in the larceny of an automobile, whether the crime of larceny had been completed was properly left to the jury, where the accused had stolen the car at ten o’clock the night before, driven it six or seven miles, and left it and returned the next morning and were in the act of starting it, when the officer arrived and was shot and killed by one of their associates.</p> <p>Homicide (3%) — First Degree — Killing in Perpetration of Larceny — Continuing Offense. The offense of larceny is a continuing one, and possession of the stolen property after the crime constitutes a continuance of the offense, making the killing of an officer while accused was in the act of driving away a car, stolen the night before, murder in the first degree.</p>