State v. Lorenzy

Citations

• 59 Wash. 308
• 109 P. 1064
• 1910 Wash. LEXIS 1194

Syllabus

<p>Criminal Law — Statutes—Repeal—Savings Clause. The savings clause in the penal code of 1909 (Rem. & Bal. Code, § 2294), providing that nothing in this act shall apply to an offense committed before the day when this act shall take effect and that such offense shall be punished under existing laws as if this act had not been passed, is sufficient to continue in force the penal provisions repealed by the act until the date when the new act went into effect.</p> <p>Criminal Law — Statutes'—Repeal—Savings Clause. Under the general savings clause in the act of 1901, which saved all proceedings “pending at the time of its enactment,” and under the penal code of 1909 (Rem. & Bal. Code, § 2294), providing that nothing therein contained shall apply to an offense committed before it took effect but that such offense should be punished under the law existing when it was committed, it is not essential to a prosecution for such prior offense that it was pending when the penal code of 1909 took effect.</p> <p>Indictment and Information — Time for Filing — Delay—Waiver. After the information is filed, it is too late to move for the dismissal of a charge on the ground that no indictment or information was filed against the accused within thirty days after his incarceration, as required by Rem. & Bal. Code, § 2119, where accused passed the delay without complaint.</p> <p>Criminal Law — New Trial — Verdict—Impeachment. Under the statute making misconduct of. the jury a specific ground for a new trial in a criminal case, the verdict may be impeached by affidavits of jurors where the misconduct does not “inhere” in the verdict, which means where it does not fall within or pertain to the legitimate issues in the case.</p> <p>Same. Where a juror, during deliberation, stated to other jurors, as of his own knowledge, facts material to the case tending to discredit the losing party as a witness, the misconduct does not inhere in the verdict and may be shown by affidavits.</p> <p>Same. In