State v. Gray

Citations

• 61 Wash. 549
• 112 P. 641
• 1911 Wash. LEXIS 1120

Syllabus

<p>Larceny — Evidence—Sufficiency. There is sufficient evidence to sustain a conviction for horse stealing, notwithstanding conflicting evidence establishing an alibi, where there was testimony that the horses were in the owner’s pasture on May 4th, twenty miles southeast of W., that on May 4th at W. the accused obtained leave of A., the younger, to put four or five horses in the pasture of A. and his father, 12 miles north of W., that the accused and his brother were seen with the four young horses on the road to the pasture May 4th, 5th, or 6th, to which they added an old horse of accused’s brother when near the pasture, and the accused notified the elder A. about noon on May 5th that he had turned five horses into the pasture with his son’s consent, and the elder A. saw the four young horses there, freshly branded, with an older horse on May 9th, a note book in the accused’s possession contained a memorandum evidently in his handwriting to the effect that he “Put four horses in pasture May the 5th, 1909,” (the accused denying the writing of the memorandum), and that accused lived near the pasture where the animals were found until May 1st, when he went to work about three miles from the place from which the horses were stolen.</p> <p>Criminal Law — Trial—Indorsement of New Witnesses — Appeal — Harmless Error. It is not prejudicial error to permit at the trial the endorsement of new witnesses for the state, where the defendant asked either a continuance or a subpoena for four witnesses, and thereupon the subpoena was issued and all the witnesses appeared in time to testify. .</p> <p>New Trial — Grounds—Newly Discovered Evidence — Criminal Law. A new trial on the ground of newly discovered evidence is properly overruled where the evidence was cumulative or immaterial, or where it was to impeach the truth and veracity of a witness, witnesses for that purpose having been subpoenaed at the trial and not called for some reason not disclosed; or on the ground that a wit