State v. Johnson

Citations

• 47 Wash. 227
• 91 P. 949
• 1907 Wash. LEXIS 744

Syllabus

<p>Appeal—Assignment of Eerobs. A general assignment of error as to the admission of evidence is insufficient, where no reference is made to any particular evidence and no argument made thereon.</p> <p>Trial—Instbuctions—Requests. Requested instructions are properly refused, if faulty, inapplicable, or covered by the general charge.</p> <p>Homicide—Manslaughter—Self-Defense—Justification for Use of Weapon—Evidence—Sufficiency. The evidence is sufficient to sustain a conviction for manslaughter, where it appears from the testimony of the defendant that he was attacked by the deceased, who was unarmed and a much smaller man than himself, that he might have avoided the attack after the altercation commenced by shutting a door and keeping deceased out of his room, which he failed to do, but admitted him to the room, and in the encounter that ensued used an open knife upon the deceased, stabbing him while pushing him out of the room; whether defendant was justified in using a knife being a question for the jury.</p>