State v. Fateh-Mohamed

Citations

• 76 Wash. 462
• 136 P. 676
• 1913 Wash. LEXIS 1840

Syllabus

<p>Robbery — Evidence—Sueeiciency. There is sufficient evidence to sustain a conviction of robbery where the story of the prosecuting witness as to being attacked, robbed, and thrown into the water was fully corroborated by his condition shortly after, and by pools of blood at the place of the attack, and his purse, the contents of which he had correctly described, was a few hours later found concealed in the mattress upon which the defendant was sleeping; and the fact that he positively identified two others who assisted the defendant and were acquitted on an alibi, is immaterial.</p> <p>Criminal Law — Evidence—Photography. In a prosecution ' for robbery, in which the victim was wounded in the. neck, it is discretionary to receive in evidence a photograph correctly showing his condition at the time it was taken a few days after the assault, where the condition had not 'materially changed.</p> <p>Criminal Law — New Trial — Newly Discovered Evidence — Diligence. A new trial for newly discovered evidence is properly refused where the same was merely cumulative, and no diligence had been used to secure it before the trial.</p>