State v. Furth

Citations

• 82 Wash. 665
• 144 P. 907
• 1914 Wash. LEXIS 1562

Syllabus

<p>Criminal Daw — Prosecution — Abatement — Death. Tbe death of a defendant in a criminal case, pending appeal, in tbe absence of a statute to tbe contrary, permanently abates tbe action and all proceedings under tbe judgment, even tbougb tbe judgment was tbe imposition of a fine.</p> <p>Same — Statutory Provisions. Sucb rule is not affected by Rem. & Bal. Code, §§ 2188, 2201, 2206, providing tbat judgments for fines in criminal actions may be made liens upon tbe real estate of tbe defendant, and tbat execution may issue against bis property.</p> <p>Same — Abatement—Costs. Where a criminal action has been abated by tbe death of tbe accused, tbe case will not be retained to determine a question of costs.</p> <p>Same — Abatement—Death oe Accused. Rem. & Bal. Code, § 1743, relating to tbe substitution of parties upon a death pending appeal, does not apply to a criminal action abated by the death of tbe accused.</p> <p>Banks and Banking — Offenses—Receiving Deposits After Insolvency — Accessories — Statutory Provisions. The general aider and abettor statute, Rem. & Bal. Code, § 2260, defining aiders and abettors has no application to the offense of receiving deposits in a bank knowing it to be insolvent; inasmuch as by Rem. & Bal. Code, § 2640, making it a felony if any “owner, officer, stockholder, agent, or employee” of concerns engaged in the business of banking shall accept or receive any deposit or “shall consent thereto or connive thereat,” knowing the concern to be unsafe or insolvent, the oHense is confined to a class within the bank, and the act has its own aider and abettor clause, also confined to the same class, indicating an intention not to include any one without the class who should aid or abet the criminal act; hence an outsider having no connection with the insolvent bank, cannot be prosecuted as aiding and abetting some officer or employee of the bank in receiving, deposits knowing the bank to be insolvent.</p> <p>Statutes — Construction—Criminal Law.