State v. Elliott

Citations

• 68 Wash. 603
• 123 P. 1089
• 1912 Wash. LEXIS 1337

Syllabus

<p>Jurors — Examination-—Curtailment. In the examination of a juror on his voir dire, it is not prejudicial error for the court to curtail counsel in questions bringing out the fact that the court had criticized a jury in another case, where he was permitted to go far enough to lay the ground for a peremptory challenge if the juror had served in such case.</p> <p>False Pretenses- — -Pleading and Proof — Variance. Under an information charging the obtaining of property under false pretenses that certain securities had been executed by A., when in fact there was no such person, without alleging that the securities were false, it is not a fatal variance that the prosecuting witness testified that he had parted with his property upon his faith m the securities, where his testimony was qualified by saying that it was also upon his faith of the identity of the party who was falsely introduced to him in the fictitious name used in the execution of the papers; it not being necessary that the false representation alleged in the information be the sole inducement, nor a fatal variance that the evidence showed other concurring inducements, where the false pretense alleged was a moving inducement.</p> <p>Criminal Law — Evidence-—Opinion Evidence — Identification of Person. Upon the question of the identification of a person, a witness is entitled to give his opinion.</p> <p>Criminal Law — Appeal—Review—Harmless Error — False Pretenses — Evidence—Admissibility. Upon a prosecution for obtaining property upon false pretenses as to the identity of a person, it is not prejudicial error to exclude evidence of a witness as to whether he had met the person at a certain time in a certain city, in the absence of any offer to show whether the witness knew him as the party he was represented to be or whether he was generally known in that city by such name, and where the defendant had testified that he did know the man by that name in that city.</p>