State v. Herwitz

Citations

• 109 Wash. 153
• 186 P. 290
• 1919 Wash. LEXIS 961

Syllabus

<p>Criminal Daw (216, 217)—Trial—Unlawful Comment on Evidence. Where, during examination of a witness, counsel emphatically insinuated that the witness is testifying falsely, he is properly rebuked by reminding him that he was not a witness.</p> <p>Same (217). It is not unlawful comment, in rejecting certain exhibits the materiality of which did not then appear, to give reasons for excluding them; nor, when subsequently admitted, would the evidence be discredited because once rejected.</p> <p>Same (217). Upon a direct issue as to the credibility of one of the witnesses testifying on a material point, it is unlawful comment, within the prohibition of Const., art. 4, § 16, for the trial judge to state to the witness that his record is as good as anyone’s and that he is a perfectly credible witness and has not been impeached.</p> <p>Same (391-1)—Appeal (444)—Comment on Evidence—Cure by Instructions. Unlawful comment on the evidence of a prejudicial nature in violation of Const., art. 4, § 16, cannot be cured by instructions to the jury to disregard it.</p> <p>Criminai. Daw (292)—Instructions—Reasonable Doubt. It is error to refuse to instruct that reasonable doubt may arise from lack of evidence as well as from the evidence given, where the instructions elsewhere given did not cover the point.</p>