State v. Lewis

Citations

• 80 Wash. 532
• 141 P. 1025
• 1914 Wash. LEXIS 1328

Syllabus

<p>Indictment and Information—Included Offenses—Murder— Manslaughter. An information charging that defendant did wilfully, unlawfully, etc., and with intent to effect the death of deceased, with his hands, fists, feet and by other means violently strike etc., and otherwise abuse her, with extreme atrocity and cruelty, thereby bruising and lacerating her body,' face, head and neck and mortally wounding her, of which mortal wounds she died, includes a charge of manslaughter as well as of murder, and the question of his guilt of either crime was properly submitted to the jury.</p> <p>Homicide—Evidence—Prior Acts of Violence. In a prosecution of a husband for the death of his wife, occasioned by a violent assault upon her, evidence is admissible showing previous violent assaults madp by him upon her.</p> <p>Homicide—Evidence—Dying Declarations. Dying declarations of a deceased made four or five days before her death, tending to show that the injuries resulting in her death were made by the accused assaulting her, are admissible in evidence, where the evidence further shows that her death occurred as a direct result of the injuries received and that, at the time of making her declarations, she was under the solemn conviction of approaching dissolution.</p> <p>Criminal Law—Appeal—Harmless Error—Instructions. Refusal of the court to give requested instructions is not prejudicial, where other instructions of the same nature and equally favorable were given by the court.</p> <p>Same—Record—Statement of Pacts—Necessity. Refusal to grant a new trial on the ground of misconduct of the jury, occurring out of the presence of the court, is not reviewable in the absence of evidence embodied in the statement of facts touching upon such error.</p>