State v. Erickson

Citations

• 54 Wash. 472
• 103 P. 796
• 1909 Wash. LEXIS 1019

Syllabus

<p>Conspiracy — Monopolies—Sale op Milk — Information—Suppiciency. An information sufficiently charges a conspiracy at common law, to control the price of milk in the city of S. when it alleges that the defendants unlawfully designing to prevent open competition, unlawfully agreed not to sell milk lower than certain fixed prices and not to sell to each other’s customers, and agreed to and did raise prices with intent to control the price of milk generally in said city; and it is immaterial that only part of the milk dealers of the city entered into the same, since the purpose of their agreement was to create a monopoly.</p> <p>Same — Evidence—Admissibility—Letters op Co-Conspirator. In a prosecution for conspiracy to create a monopoly in the sale of milk, letters written by one of the parties to the agreement a few days thereafter, showing on their face that they were written in furtherance of the conspiracy, are admissible against a defendant who was absent when they were written.</p> <p>Same — Evidence—-Admissibility. In a prosecution for a conspiracy to create a monopoly to control the price of milk in a city, evidence on the part of the defendant that there were a number of other milk dealers in the city who had not entered into the agreement is immaterial.</p> <p>Criminal Law — Limitations. A prosecution for conspiracy to create a monopoly in the sale of milk is not barred by the lapse of more than two years since such a conspiracy was first attempted, where there was a renewed attempt within one year, and the prosecution was for the latter offense.</p> <p>Trial — Instructions in Writing. Where it does not appear that a stenographic report of instructions to the jury was made under a private contract with a party, it will be assumed, in the absence of anything in the record to the contrary, that the stenographer was under the direction and control of the court, thereby constituting the instructions a charge in writing, within the meaning of Laws 1903, p. 119, §