State v. Holedger

Citations

• 15 Wash. 443
• 46 P. 652
• 1896 Wash. LEXIS 215

Syllabus

<p>OBSCENE LITERATURE — INDICTMENT — SCIENTER — JUROR — QUALIFICATIONS — BIAS — MISCONDUCT OF JUDGE — INDORSEMENT OF WITNESSES* NAMES.</p> <p>An indictment, charging defendant with knowingly, unlawfully, maliciously, scandalously and feloniously composing, editing, printing, selling, distributing and offering for sale, etc.., a certain lewd, scandalous, obscene and indecent newspaper, sufficiently charges the commission of the offense defined by §205, Penal Code, although there is no allegation of knowledge on the part of defendant as to the character of the publication, since such knowledge must necessarily be presumed from the fact of his editing and composing the publication.</p> <p>An indictment for publishing, editing and selling obscene and indecent literature, which charges defendant with editing, printing, selling, distributing and offering for sale and distribution a certain lewd, scandalous, obscene and indecent newspaper, is not objectionable on the ground that it charges the commission of more than one crime, since all are but one offence, laid as committed in different ways.</p> <p>Laws 1895, p. 139, providing that county commissioners shall select as jurors such only as are householders is not in violation of art. 1, §21, of the constitution, which provides that the right of trial by jury shall remain inviolate.</p> <p>In the examination of a juror upon his voir dire it is improper to ask him whether he would attach more importance or credibility to the testimony of a minister than to that of any one else.</p> <p>The fact that the court asked counsel for defendant, in the presence of the jury, whether they had any objection to the separation of the jury before verdict, is not ground of reversal, in the absence of any proof that defendant was prejudiced thereby.</p> <p>The indorsement of the name of an additional witness upon the information after the beginning of the trial, only entitles the defense to a continuance, and is not ground of error when a c