State v. Leroy

Citations

• 61 Wash. 405
• 112 P. 635
• 1911 Wash. LEXIS 1094

Syllabus

<p>Jury — Drawing—Time for Service — Challenge to Panel. The requirement that a jury be drawn for “the ensuing month,” is not so material as to invalidate a panel part of whom were drawn for the month of December, but not summoned until January, because there was no jury business for the month of December, in view of Rem. & Bal. Code, § 2140, providing that challenges to the panel shall only be allowed for a material departure from the prescribed forms (Parker, J., dissenting).</p> <p>Criminal Law — Appeal—Record. Comment on the facts pending a motion to quash the jury panel cannot be assigned as error, when the jury had not been called to the box and the record does not show that any juror was present.</p> <p>Continuance — Diligence. A continuance is properly denied in a criminal case where the accused took no-steps to secure a subpoena for witnesses until more than a month after the case was set for trial, and the only diligence shown to secure witnesses living at a distance was the writing of letters a few days before the trial, with no excuse for the delay.</p> <p>Appeal — Review—Haemless Eeeoe. It is not prejudicial error to refuse to strike out an immaterial opinion of a witness.</p> <p>Criminal Law — Evidence—Identity. In a prosecution for burglary, in which a witness testified that the accused was wearing the witness’ shoes, evidence that the witness had tried on and could wear the shoes identified as shoes left by the accused is admissible.</p> <p>Same. In a prosecution for burglary, evidence that an unidentified man was met at a certain place, and concealed himself, is admissible, where it appears from other evidence that the accused went in that direction, and where the incident, with other evidence, was a circumstance tending to connect him with the crime charged.</p> <p>Appeal — Review—Harmless Error. Error cannot be predicated upon an immaterial statement of a witness as to trivial incidents which did not reach the dignity of evidence.</p> <p>Criminal