State v. Fair

Citations

• 35 Wash. 127
• 76 P. 731
• 1904 Wash. LEXIS 424

Syllabus

<p>Statutes — Enactment — Legislature — Extra Session — Restricting Legislative Action — Criminal Law — Validity of Saving Clause for Pending Prosecutions. Const., art. 3, § 7, authorizing the governor to call an extra session of the legislature for a particular purpose, which shall be stated in the call, does not restrict legislative action at such session to that purpose, nor has the governor power to do so, hence the legislature had power to enact Laws Ex. Sess. 1901, p. 13, saving pending criminal prosecutions in cases of repeal, at the extra session called for the purpose of amending the law relating to capital punishment.</p> <p>Criminal Law — Robbery—Information—Variance—Ownership of Property Taken. Under an information for robbery charging that the money taken was the property of M, there is no variance by proof that it belonged to a partnership of which' M was a member, and that it was in his immediate and exclusive control, since Bal. Code, § 6944, so providing as to property stolen or fraudulently received, is applicable to robbery although robbery is not specifically mentioned.</p> <p>Criminal Law — Evidence of Alibi — Sufficiency. There is sufficient evidence to justify a conviction of robbery, where the defendant’s evidence as to an alibi was contradicted by two witnesses who identified the defendant.</p> <p>Trial- — Verdict-—-Conflicting Evidence. The verdict of the jury will not be disturbed upon conflicting evidence where there is testimony which, if true, is sufficient to justify it, and the trial court passed upon its sufficiency in refusing a new trial.</p> <p>Appeal — -Parties—Witnesses Not Entitled to Appeal- — -Dis-allowance of Costs. Witnesses for the defendant in a criminal case, whose fees were disallowed by the lower court, are not parties to the action, and cannot appeal from the order of the court disallowing their fees.</p>