State v. Lewis

Citations

• 31 Wash. 75
• 71 P. 778
• 1903 Wash. LEXIS 586

Syllabus

<p>JURORS-COMPETENCY-WAIVER OP OBJECTIONS.</p> <p>Under Bal. Code, § 4736, which provides that the verdict of a jury shall not be affected by reason of the incompetency of a juror, unless the juror was challenged for specific cause before verdict, a ground of objection to a juror will be deemed waived when the specific point was not urged as the basis of a challenge.</p> <p>SAME-JUSTICE OF PEACE AS JUROR-GROUND OF CHALLENGE.</p> <p>The provision of Bal. Code, § 473'6, that judicial officers shall not be compelled to serve as jurors is merely a privilege granted such officers, and is not a ground of challenge for cause.</p> <p>SAME.</p> <p>The fact that the prosecuting attorney is the legal adviser of justices of the peace, and that a juror may have had cases before him as justice in which the prosecuting attorney was engaged for the state, would be too remote to disqualify a justice of the peace from sitting as a juror in a criminal case, when no special personal relations are shown to exist between the juror and the prosecuting attorney.</p> <p>EMBEZZLEMENT-CLAIM OP LIEN FOR ATTORNEY’S PEES-GOOD FAITH -QUESTION FOR JURY.</p> <p>In a prosecution of an attorney for the embezzlement of funds belonging to a client, the court is warranted in submitting the cause to the jury, although there may be a civil action pending between the attorney and his client involving the right to such funds under a claim of lien, when there is evidence tending to show that the claim of lien was not asserted in good faith.</p> <p>SAME-EVIDENCE.</p> <p>Under an information charging the embezzlement of a specific sum of money, proof of the receipt and conversion of a part of the fund is sufficient to sustain a conviction.</p> <p>CRIMINAL LAW-INFORMATION-BILL OP PARTICUI.ARS.</p> <p>The denial of a bill of particulars upon a prosecution for larceny by embezzlement was not error, when the information showed that the defendant received certain property as an agent for another, which he fraudulen