State v. George

Citations

• 84 Wash. 113
• 146 P. 378
• 1915 Wash. LEXIS 770

Syllabus

<p>Criminal Law — Former Jeopardy — Statutes—Implied Repeal. Rem. & Bal. Code, § 2113, providing that a conviction or acquittal by a judgment upon a verdict shall be a bar to another prosecution for the same offense, notwithstanding a defect in form or substance in the former charge, is hostile to, and therefore impliedly repealed by, the later enactment of Id., § 2316, of the “penal code” providing that no order of dismissal or directed verdict of not guilty . . . on the ground of any defect in such indictment or information shall bar another prosecution for the same offense; even if it is not expressly repealed by Id., § 2304, repealing all acts “in conflict herewith.”</p> <p>Statutes — Titles and Subjects — Sufficiency. The title to the “penal code” (Rem. & Bal. Code, §2253 et seq.), an act “relating to crimes and punishments and the rights and custody of persons accused or convicted of crime,” is broad enough to admit of amendments or implied repeals of sections of the former laws relating to criminal procedure; e. g., to embrace Rem. & Bal. Code, § 2316, providing that no order of dismissal or directed verdict of not guilty . . . on the ground of any defect in such indictment or information shall bar another prosecution for the same offense, thereby impliedly repealing § 2113 in the code of criminal procedure on the same subject.</p> <p>Statutes — Implied Repeals. While repeals by implication are not favored, they are freely admitted where it appears that the legislature intended to cover an entire subject of legislation.</p> <p>Criminal Law — Former Jeopardy — Insufficient Charge. In the absence of statute, there could be no lawful conviction or acquittal upon an information or indictment which was insufficient to state an offense, and hence no plea of former jeopardy thereon.</p> <p>Same — Former Jeopardy — Waiver oe Plea. Where a conviction is set aside on appeal by the accused, he cannot, upon a subsequent charge for the samfe offense, urge the former convi