State v. Gilluly

Citations

• 50 Wash. 1
• 96 P. 512
• 1908 Wash. LEXIS 652

Syllabus

<p>Witnesses — Credibility—Evidence of Animosity. In a prosecution for forgery of an order for witness fees, it is proper to exclude cross-examination of state’s witness to show her animosity to the accused by evidence that she was a friend of a party unsuccessfully defended by the accused.</p> <p>Appeal — Review—Harmless Error. It is not error to exclude the answer to a question that has already been answered.</p> <p>Criminal Law — Venue—Evidence. The venue of a forgery is sufficiently established, although no witness testified directly that the crime was committed at a designated place, where there were many inferences from the testimony and a great deal of direct proof that it was committed in a certain county.</p> <p>Criminal Law — Appeal—Review—Verdict. A verdict in a criminal case cannot be set aside because of the vague, inconsistent and contradictory statements of the principal witness for the state, where there was sufficient evidence, if uncontradicted or if believed by the jury, to sustain it.</p> <p>Criminal Law — Sentence—Change of Law. Where the crime of forgery was committed on April 11, 1907, the accused cannot be sentenced under the law approved March 13, 1907, p. 341, which went into effect June 11, 1907; since § 8 provides that a person found guilty of a crime committed prior to the taking effect of the law shall be sentenced under the law in force at the time of the offense.</p> <p>Same — Appeal—Decision—Sentence—Remand. Upon reversing a criminal conviction because of an improper sentence, the case will be remanded for the imposition of 3, proper one.</p>