State v. Deatherage

Citations

• 35 Wash. 326
• 77 P. 504
• 1904 Wash. LEXIS 453

Syllabus

<p>Criminal Law — Bubglaby — Evidence — Competency. Where, in a prosecution for burglary, a witness testified that he saw the defendant enter a stable and take away two saddles, and that he notified the police by phone, it is not reversible error to sustain an objection, on cross-examination, to the question why witness did not notify the owners of the stable.</p> <p>Same — Plight. Upon a witness’ testifying that he saw defendant twenty-five miles from the place where the burglary was committed, and only eight hours thereafter, it is not error to permit the witness to answer the question, “Was defendant under arrest?” it not appearing that the witness was not qualified, and the primary purpose of the testimony being to show the fact of flight.</p> <p>Same. Where there is evidence that defendant committed a burglary at 2 o’clock A. M., and upon being discovered, disappeared, and admits that he walked twenty-five miles by 10 o’clock of the same morning, without giving any reason therefor, there was sufficient evidence of the flight of defendant to submit the fact to the jury.</p> <p>Criminal Law — Trial—Failure of Defendant to Testify— Instructions. An instruction that no inference of guilt shall arise against the accused because of his failure to testify in his own behalf is not objectionable because the court states that the statute makes it the duty of the judge to so instruct the jury.</p> <p>Criminal Law — Trial—Instructions as to Fact of Flight. An instruction that evidence of flight of the accused may be considered in determining his guilt, is not objectionable as a comment on the evidence.</p> <p>Same. Neither is such an instruction objectionable because it fails to explain that circumstances explaining the fact of flight may be considered, where there were no facts or circumstances to explain or excuse the flight.</p> <p>Burglary — Evidence—Sufficiency—Confession by Another — ■ Conflicting Evidence — New Trial. ■ A conviction of burglary will not be set aside