State v. Hood

Citations

• 103 Wash. 489
• 175 P. 27
• 1918 Wash. LEXIS 1098

Syllabus

<p>Witnesses — Impeachment — Collateral Matter — Credibility— Corroboration. In a prosecution for murder, in which the whereabouts of a certain witness at a certain time was material and in direct conflict, the witness having denied upon cross-examination that she had then gone to her barber shop and had been spoken to by a policeman, her impeachment by the policeman in rebuttal is not upon a collateral matter and is proper upon the issuable circumstance and her credibility, and to sustain the credibility of witnesses contradicting her.</p> <p>Criminal Law — New Trial — Newly Discovered Evidence — Ma- ■ teriality. In a prosecution for murder, newly discovered evidence that an accessory had inquired the way to accused’s room at 3 o’clock on the morning of the murder, did not go to an issue of fact and is not ground for a new trial, where both the accessory and accused and another witness testified that he called at the room two hours earlier.</p> <p>Same — Appeal—Misconduct of Counsel. Error cannot be assigned upon improper argument of counsel where no objection w.as made at the time or opportunity given the court to correct the error.</p>