State v. Fox

Citations

• 71 Wash. 185
• 127 P. 1111
• 1912 Wash. LEXIS 718

Syllabus

<p>Constitutional Law — Civil Rights — Freedom: of Speech and of The Press. Rem. & Bal. Code, § 2564, prohibiting the editing of any printed matter tending to encourage disrespect for law, is not unconstitutional as abridging the right of free speech and of the press; since the legislature has power to punish abuse of the right.</p> <p>Criminal Law — Offenses—Certainty—Statutes—Construction. Rem. & Bal. Code, § 2564, providing punishment for any person who edits printed matter which shall “tend to encourage disrespect for law” is not objectionable as uncertain in defining the nature of the crime.</p> <p>Criminal Law — Trial—-Right to Speedy Trial — Dismissal— Good Cause for Delay. Under Rem. & Bal. Code, § 2312, providing for the dismissal of a cause if not tried within sixty days after information filed, unless good cause to the contrary be shown, a dismissal is properly denied where the defendant filed a demurrer, and on the hearing thereof his counsel required more time than the court had at its disposal, and the arguments and trial were for that reason delayed for the accommodation of the defendant.</p> <p>Criminal Law — Appeal—Harmless Error — Evidence — Question for Court. In a prosecution for editing printed matter tending to encourage disrespect for the law, it is not prejudicial error that certain improper evidence was received to prove that the article tended to have that effect, where the printing was admitted and clearly on its face had that effect and incited the commission of crime; since it became the duty of the court to instruct the jury what the effect of the article was as a matter of law.</p>