State v. Kinghorn

Citations

• 56 Wash. 131
• 105 P. 234
• 1909 Wash. LEXIS 861

Syllabus

<p>Criminal Law — Former Jeopardy — Dismissal After Jury Sworn. A plea of former jeopardy is properly sustained where the accused had. been placed on trial before a court of competent jurisdiction on a sufficient indictment before a jury empaneled and sworn, when the charge was dismissed on motion of the state without his consent or any sufficient reason.</p> <p>Same — Excuse for Dismissal — Trial Commenced Without Plea. That the accused had been placed on trial before he had been arraigned or had pleaded is not ground for dismissal by the state without his consent, where he had thereafter entered a plea of not guilty, as an issue was formed which put him in' jeopardy.</p> <p>Fullerton, J., dissents.</p>