State v. George

Citations

• 58 Wash. 681
• 109 P. 114
• 1910 Wash. LEXIS 992

Syllabus

<p>Homicide—Degrees—Evidence—Admissibility. In a prosecution for tbe murder of the accused’s divorced wife, where evidence that the divorce was granted three years before on the ground of the husband’s cruelty was admitted to show probable premeditation and a hostile mental attitude, it is error to refuse to allow the accused to rebut the same by proof of good will and apparent kindly feeling for a year previous to the homicide, in order to reduce the crime to the legal presumption of a lower degree.</p> <p>Evidence—Orinions—Mental Attitude. The feeling or apparent mental attitude of people who are in frequent association may be shown by the opinions of acquaintances who had opportunity to observe and measure their emotions.</p> <p>Venue—Local Prejudice—Showing. Upon a strong prima facie showing of local prejudice for a change of venue, the state should make a counter showing.</p> <p>Criminal Law—Trial—Misconduct of Counsel. It is not misconduct of counsel requiring a new trial for counsel for the state in argument to the jury to state his opinion that the accused is guilty of murder in the first degree.</p> <p>Appeal—Review—Insteuctions. Error cannot he predicated upon the refusal to give requested instructions covered in the general charge.</p>