State v. Klein

Citations

• 38 Wash. 475
• 80 P. 770
• 1905 Wash. LEXIS 1193

Syllabus

<p>Larceny—Cattle Stealing—Distinct Offenses—Statutes— Repugnancy—Information. Bal. Code, § 7113, making cattle stealing (including sheep) a distinct offense and providing a special punishment in the discretion of the court, is not repugnant to, and does not repeal, as to the kinds of property named, Bal. Code, § 7108, defining grand larceny and fixing a different punishment therefor, and the prosecutor may proceed under either statute; hence an information may charge grand larceny in the stealing of sheep.</p> <p>Same—Duplicity: An information charging grand larceny of the personal property of F, to wit, 111 sheep of the value of $444, states but the one offense, and is not duplicitous because it embraces sheep stealing under Bal. Code, § 7113.</p> <p>Trial—Verdict—Preparing Form. Error cannot be assigned in that the clerk prepared the form of the verdict, as it is immaterial who prepares the form.</p>