State v. Dericho

Citations

• 107 Wash. 468

Syllabus

<p>Intoxicating Liquors (42)—Information—Previous Conviction of Defendant—Statutes. The initiative prohibition act, Rem. Code, § 6262-32, authorizing increased punishments on subsequent convictions and requiring prosecuting attorneys to allege a previous conviction in the information, is a proper police regulation to discourage violations of the law, and not open to the objection that it deprives the accused of a fair trial.</p> <p>Criminal Law (460)—Punishment—Subsequent Offenses. In a second prosecution under the initiative prohibition act, the jury is properly instructed to find whether accused was formerly convicted, in order to empower the court to impose the increased punishment.</p> <p>Same (332)—Verdict—Recommitment. Where the verdict is incomplete, failing to find as to a previous conviction, the court may recommit the verdict to the jury with proper instructions.</p> <p>Same (373, 460) — Judgment—Conclusiveness—Second Conviction. Under the initiative prohibition act, authorizing increased punishments for subsequent convictions, a former conviction under the act is conclusive and may not be collaterally attacked by showing that the accused was not guilty.</p>