State v. Lillie

Citations

• 60 Wash. 200
• 110 P. 801
• 1910 Wash. LEXIS 1027

Syllabus

<p>Assault and Battery — Deadly Weapon — Evidence—Sufficiency. The evidence is insufficient to sustain a conviction for “assault with a hammer,” where the prosecuting witness had the hammer when he was knocked down and stunned by the first blow, none of the witnesses for the state could testify that he was struck by the hammer, one testifying that he was knocked down by a blow with the fist, and defendant’s testimony that he struck with his fist was corroborated by the circumstances.</p> <p>Ceiminal Law — Appeal — Decision—Remand—Indictment—Offenses Included in Chaege. Upon reversal of a conviction for assault with a deadly weapon, for insufficiency of the evidence as to the higher offense, the evidence establishing assault only, the case will be remanded for sentence for simple assault, as that is embraced within the offense charged.</p>