State v. Macleod

Citations

• 78 Wash. 175
• 138 P. 648
• 1914 Wash. LEXIS 994

Syllabus

<p>Criminal Law — Reception oe Evidence — Order oe Proof. In a prosecution for manslaughter in causing an abortion, the admission of evidence as to the intoxication of the defendant, a physician, at the times he prescribed for the deceased, cannot be assigned as error, where he testified in his own behalf and the evidence received would have been admissible in rebuttal as affecting his credibility.</p> <p>Same — Evidence — Other Crimes. In a prosecution for manslaughter in causing an abortion, evidence of the intoxication of the defendant, a physician, to affect his credibility, at the times he prescribed for the deceased, is not inadmissible because it also tended to show the commission of the offense of practicing medicine while intoxicated.</p> <p>Same — Trial—Instructions— Requests — Corroboration oe Accomplice. It is not error to fail to instruct as to the effect to be given to the testimony of an accomplice, in the absence of a request therefor, in view of the rule that a conviction may be had upon the uncorroborated testimony of an accomplice.</p> <p>Same — Appeal—Preservation of Grounds — Exceptions. Instructions to the jury cannot be reviewed on appeal in the absence of exceptions thereto.</p> <p>Same — Trial—Premature Trial — Waiver. Rem. & Bal. Code, § 2132, providing that no trial for a felony shall be had within five days from the day of the arrest is not jurisdictional and is waived unless timely objection is made.</p>