State v. Daugherty

Citations

• 102 Wash. 501
• 173 P. 437
• 1918 Wash. LEXIS 981

Syllabus

<p>Assault and Battery—Self-Defense—Sufficiency of Evidence. In a prosecution for assault, where the accused, could not say whether she struck the prosecuting witness or was warding off a blow when he turned after being jabbed in the back, there was no evidence of self-defense to warrant an instruction thereon.</p> <p>Appeal—Review—Harmless Error—Presumption. Since error is not presumed, a remark of the court in excluding certain evidence, to the effect that the jury must “disregard all testimony,” will be considered as referring to the testimony under consideration.</p>