State v. Ito

Citations

• 129 Wash. 402
• 225 P. 63
• 1924 Wash. LEXIS 754

Syllabus

<p>Homicide (45) — Evidence—Relevancy—Identity oe Accused. On an issue as to the identity of accused in a prosecution for manslaughter in recklessly driving an automobile which did not stop, it is admissible to show that police officers made a search for the man in whose name the license was taken and that accused had purchased the car and taken out the license in the name of the former owner.</p> <p>Criminal Law (276) — Instructions—Time oe Oeeense — Alibi. In a prosecution for manslaughter in recklessly driving an automobile, in which the killing is alleged to have occurred at four o’clock in the afternoon and the defense was an alibi at that hour of the day, instructions referring merely to the day in question are not objectionable or confusing because not confined to the hour alleged.</p> <p>Same (9, 273) — Elements oe Ofeense — Intent—Unintended Consequences oe Act — Instructions. In a prosecution for manslaughter in recklessly driving an automobile, instructions do not eliminate the question of proximate cause and are correct, where the jury is told that, if defendant drove in a careless manner at a greater speed than was reasonable so as to endanger another, or across a public intersection at an unlawful speed, and if such act resulted in the killing it was immaterial whether it was accidental or intentional, and defendant would be guilty, though he tried too late to avoid the accident (Bridges, J., dissenting).</p> <p>Same (265, 288) — Trial—Instructions—Comment on Evidence. It is not unlawful comment on the evidence in a homicide case to instruct that circumstantial evidence is often as conclusive as direct and positive evidence, and that the jury should not discriminate either for or against it.</p>