State v. Gohl

Citations

• 46 Wash. 408
• 90 P. 259
• 1907 Wash. LEXIS 628

Syllabus

<p>Weapons — Bight to Bear Arms — Statutes—Validity—Constitutional Law. Bal. Code, §-7085, prohibiting the organizing, maintaining or employing of an armed body of men, does not violate Const., art. 1, § 24, guaranteeing the right of an individual citizen to bear arms in defense of himself or the state.</p> <p>Jurors — Bias—Discretion of Court. A juror will not be found to be disqualified by actual bias, as defined by Bal. Code, § 4983, by reason of answers to questions based on assumption of facts not supported in the record, where he had no knowledge of the case and no opinion as to the guilt or innocence of the accused and, considering his examination as a whole, the trial judge could not be said to have abused the discretion reposed in him by such statute.</p> <p>Criminax. Law — Trial—Order of Proof — Discretion. The order of admitting proof, before establishment of the corpus delicti, is within the discretion of the trial court.</p> <p>Weapons — Employing Armed Force — Wiiat.Constitutes. One is. guilty of violating the statute prohibiting the organizing, maintaining or “employing” of an armed body of men, where he caused them to assemble and took them in a launch for the purpose of intimidating the master of a schooner and thereby removing a part of the crew; it being sufficient if he “employed” the men in the sense of making use of them for a specific purpose, although he did not “hire” them.</p> <p>Same — Question. Upon a conflict in the testimony as to whether defendant employed men, whether they were armed, and as to their mission, the questions are for the jury.</p> <p>Criminal Law — Appeal—Review. A general exception to an instruction in a criminal case containing several propositions is insufficient if the instruction is in part correct.</p> <p>Same — Trial—Instructions—Comment on Facts. An instruction defining what would he employing an armed body of men, and authorizing the jury to find the defendant guilty if they believed that he committed specified