State v. Driscoll

Citations

• 86 Wash. 245
• 150 P. 2
• 1915 Wash. LEXIS 895

Syllabus

<p>Evidence — Judicial Notice. The supreme court takes notice of the fact that the superior court of King county is composed of several judges.</p> <p>Criminal Law — Trial—Habitual Criminals — Procedure — Different Judges — Sentence. Under Rem. & Bal. Code, § 2178, of the habitual criminal statute, which provides that the court shall . . . before sentence impanel a jury to try the fact of former conviction, the principal case may be tried by one of the judges, and the supplemental charge of being an habitual criminal may be tried by another judge of the same court, although the statute makes no provision for trials by separate judges; and either judge may consider both verdicts in determining the sentence.</p> <p>Same — Habitual Criminals — Sentence. Under Rem. & Bal. Code, § 2178, of the habitual criminal statute, requiring the supplemental charge of being an habitual criminal to be tried before sentence in the principal case, it is not necessary to pronounce judgment before a trial is had upon the supplemental proceeding, although the trials are had before different judges.</p>