State v. Klein

Citations

• 19 Wash. 368
• 53 P. 364
• 1898 Wash. LEXIS 386

Syllabus

<p>ASSAULT AND BATTERY — SUFFICIENCY OF INFORMATION — INSTRUCTIONS— REBUTTAL EVIDENCE.</p> <p>Although an information may charge defendant with the crime of assault with a deadly weapon, which is a statutory offense, the defendant may be convicted, under the information, of the common law offense of assault and battery, when the facts set forth in the pleading are sufficient to describe the latter offense.</p> <p>No error can be predicated upon the court’s refusal to give a requested instruction, when the instruction given by the court covers all the points asked by defendant.</p> <p>The admission of rebuttal evidence is a matter largely in the discretion of the trial court, and its action in that regard will not be disturbed when it does not appear to be prejudicial to defendant.</p>