State v. Lewis

Citations

• 35 Wash. 261
• 77 P. 198
• 1904 Wash. LEXIS 443

Syllabus

<p>Appeal — Bbxees—Title oe Case — Sufficiency. Tbe appellants’ brief will not be struck out on motion of tbe respondent on account of error in tbe title of tbe case, where tbe notice of appeal and appeal bond were correctly entitled and gave tbe supreme court jurisdiction, and tbe respondent entitled its brief in tbe same style and was not misled or prejudiced.</p> <p>Appeal — Dismissal—Withdrawal oe Co-Pabty. An appeal will not be dismissed because one of tbe co-appellants withdrew bis appeal.</p> <p>Criminal Law — Information—Time For Piling — Dismissal of Prosecution After Thirty Days. Where tbe accused, after being held to answer to the superior court by a justice of the peace, gives a bail bond for his appearance, and no information is filed against him for thirty days, as required by Bal. Code, § 6910, the prosecution must be dismissed unless good cause for the delay is shown, and the burden of showing such cause is upon the state.</p> <p>Same — Bail — Release oe Sureties — Failure to Prosecute Within Time Prescribed — Dismissal oe Prosecution Without Presence oe Defendant. Where the accused on being held to answer by a justice of the peace, gave a bail bond conditioned for his presence in the superior court when required, and no information was filed against him within thirty days and he was not brought to trial within sixty days, pursuant to Bal. Code, §§ 6910, 6911, and no cause for such delay is shown by the state, the sureties are released; and it is error to enter judgment on the bail bond and to deny the sureties’ motion to dismiss the prosecution because they fail to produce the defendant in court at the time the motion is made, especially when the prosecution is subsequently dismissed upon a motion confessed by the state, showing that the state had no case against the defendant.</p>