State v. Gustafson

Citations

• 87 Wash. 613
• 152 P. 335
• 1915 Wash. LEXIS 955

Syllabus

<p>Criminal Law—Habitual Criminals—Time foe Trial—Statutes —Construction—Repeal. The habitual criminal act of 1909 (Rem. & Bal. Code, § 2286), covering the whole subject-matter of the act of 1903, Id., §§ 2177 and 2178, and embracing new provisions, without fixing any time for the trial, was intended not only as a substitute, but to cover the whole subject-matter; and hence repeals the provision of the earlier act that the accused must be brought to trial within five days after serving the information.</p> <p>Criminal Law—Trial—Instructions—Failure to Testify. Under Rem. & Bal. Code, § 2148, providing that it shall be the. duty of the court to instruct that no inference of guilt should arise against the accused on account of his failure to testify, it is reversible error not to do so, whether the instruction was requested or not.</p> <p>Statutes—Judicial Construction—Adoption. The amendment of an act retaining language that had received judicial interpretation will be assumed to sanction the court’s construction.</p>