State v. Garland

Citations

• 65 Wash. 666
• 118 P. 907
• 1911 Wash. LEXIS 992

Syllabus

<p>Indictment and Information- — Amendment—Leave to File — Presumption. Upon granting a new trial because of a variance between tbe allegations and proofs, a new information may be filed to cure tbe defects, and leave of court therefor will be presumed where the court considered the information as filed.</p> <p>False Pretenses — Information—Certainty. An information for larceny, which could be readily understood as charging the defendant with unlawfully obtaining a check for $1,000 from B. by means of false and fraudulent representations and that he received the money thereon with intent to deprive and defraud the owner thereof, is sufficiently definite and certain without stating further details, under Rem. & Bal. Code, § 2055, requiring it to contain a statement of the facts in ordinary language in such manner as to enable a person of common understanding to know what was intended.</p> <p>False Pretenses- — Information—Description of Check. An information charging the obtaining of a check by false pretenses, sufficiently describes the check and ownership, where it alleges B. delivered to defendant a check for $1,000 and that defendant unlawfully received and obtained the money thereon.</p> <p>Criminal-Law- — Trial-—Plea of Guilty — Time of Trial — Objections — Waiver. Objections to evidence on the ground that a plea of guilty had not been entered or that the case had not been brought to trial within sixty days, are waived when not made at the time of entering upon the trial.</p> <p>Criminal Law — Evidence—Best and Secondary Evidence. Upon a prosecution for larceny by false representations that a company was operating a line of steamships, which the law required to be registered, it is competent to establish the fact that it had no such steamships by oral evidence, since the records would not disclose it.</p> <p>. Larceny — Issues and Proof — Variance — Bills and Notes— Checks — Certificate of Deposit. A prosecution for larceny of a check is supported by proof of t