State v. Hatch

Citations

• 63 Wash. 617
• 116 P. 286
• 1911 Wash. LEXIS 1254

Syllabus

<p>Larceny — Evidence—Res Gestae. In a prosecution for grand larceny of money grabbed from a table during a ear'd game, evidence as to the dealing of the cards preceding the larceny is competent upon the general issue of guilt and also as part of the res gestae, notwithstanding it tended to show, a conspiracy between the accused and others to rob the prosecuting witness.</p> <p>Larceny — Issues and Proof — Variance—Proof of Robbery. In a prosecution for larceny, it is not a variance to prove a robbery, since larceny is included in the offense of robbery, and it is no defense that the offense proved is greater than the one charged.</p> <p>Appeal — Review—Exceptions to Instructions. Instructions not excepted to will not be reviewed on appeal.</p>