State v. King

Citations

• 50 Wash. 312
• 97 P. 247
• 1908 Wash. LEXIS 721

Syllabus

<p>Criminal Law — Trial—-Directing Statement oe Defense. Under Bal. Code, § 4993, the accused has no option to refuse to state his defense upon the close of the plaintiff’s case.</p> <p>Trial — Misconduct of Court — Comments. It is not unlawful comment on the evidence for the court, in directing the defendant to state his defense, to say that the nature of the case is such that the jury ought to know how defendant intended to meet the state’s case.</p> <p>Same — Province of Court and Jury — Instructions—Credibility of Witness. It is prejudicial error, in giving an instruction as to an alibi, to preface the same by a remark that the court did not think it necessary, where the credibility of the accused on that point was directly in issue; as the same disparages the defense and infringes upon the province of the jury.</p> <p>Same — Misleading Instructions — Alibi — Materiality of Time. Where the state’s evidence fixed the date of an offense as being between the 12th and 15th of a certain month, and upon the defense of an alibi there was evidence that the defendant was home, sick in bed, during that period, it is misleading and error, instructing upon the subject of the alibi, to state that the exact date is immaterial and it is sufficient if the defendant committed the crime at any time within three years, etc.</p> <p>Same — Appeal—Decision—Improper Sentence — New Trial. A new trial will not be ordered, where the sentence is improper, but the case will be remanded for a proper sentence.</p>