State v. Lewis

Citations

• 31 Wash. 515
• 72 P. 121
• 1903 Wash. LEXIS 661

Syllabus

<p>CRIMINAD DAW — INFORMATION — SUFFICIENCY.</p> <p>In a prosecution by information, it is not necessary that the information should allege that the grand jury was not in session, or that defendant had been committed on said charge by a magistrate, although such facts must exist in order to authorize the filing of an information.</p> <p>SAME — COMMENCEMENT OF TRIAD — INDORSEMENT OF WITNESSES ON INFORMATION.</p> <p>A trial does not begin until the acceptance and swearing of the jury, and the names of witnesses may properly be indorsed upon an information at any time prior to the commencement of the trial.</p> <p>SAME-BUD OF PARTICULARS.</p> <p>In a prosecution for embezzlement the refusal of the court to require a bill of particulars to be furnished is not erroneous, where the information presents a clear statement of facts in setting forth the facts constituting the crime with which defendant is charged.</p> <p>SAME — FORMER JEOPARDY — DISCHARGE OF JURY ON HOLIDAY.</p> <p>A holiday not being dies non juridieus but having only such sanctity as is attached to it by statute, the action of the court in discharging a jury in a criminal case on a holiday because of its inability to agree would not be a void act, under our statutes, so as to constitute former jeopardy entitling the defendant to a discharge.</p> <p>SAME-PLEADING-REPLY BY STATE UNNECESSARY.</p> <p>It is not necessary for the state to avoid by reply any defense set' up in a criminal case, as the only pleadings provided by statute on the part of the state are the information or indictment.</p>