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Washington Supreme Court· 11/22/1910

State v. Kruger

Citations

  • 60 Wash. 542
  • 111 P. 769
  • 1910 Wash. LEXIS 1092

Syllabus

<p>Indictment and Information — Lesser Offense Included in Charge — Degree of Assault — Statutes—Construction. Under Rem. & Bal. Code, § 2415, providing that every person who shall commit an assault or an assault and battery not amounting to assault in either the first or second degrees, shall be guilty of assault in the-third degree, an assault in the third degree is not necessarily included in the greater offense, and there can be no conviction of assault in the third degree, under a charge of assault with intent to-commit a felony (second degree assault), where the evidence of theprosecutrix showed a consummated rape, and that of the defendant proved an alibi, and there was no evidence of assault in the third degree.</p>

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • never intent of law to submit possible verdict upon a so-called included crime because included in law; must be included in fact, and by the facts of the particular case
  • never intent of law to submit possible verdict upon a so-called included crime because included in law; must be included in fact, and by the facts of the particular case

Source: CourtListener parenthetical corpus (CC0).

Judges: Chadwick

Read full opinion on CourtListener

Cited by

23 cases in this archive cite this case; the 20 most cited are listed.

Cites

3 cases in this archive are cited by this case.

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