State v. Mann

Citations

• 39 Wash. 144
• 81 P. 561
• 1905 Wash. LEXIS 832

Syllabus

<p>Criminal Law—Trial—Witnesses—Exclusion of Codefendant From Room. The exclusion from the court room of one jointly-informed against with defendant, together with all other witnesses whose names were indorsed as witnesses for the state, is not prejudicial error, where, upon the conclusion of the opening statement of the prosecuting attorney, such codefendant was permitted to return and remained throughout the trial, and there is no- claim that prejudice resulted.</p> <p>Criminal Law—Joint Complaint Against Husband and Wife— Conspiracy—Arson—Information—Sufficiency. The information charging the defendant with aiding and abetting his wife in the commission of arson, is not insufficient in that it attempts to charge a conspiracy by a husband and wife, since it charges a consummated offense and not a conspiracy to commit an offense.</p> <p>Evidence—Best and Secondary. Oral evidence of the contents of an insurance policy is admissible when the policy is in the possession of the accused and on demand he fails to produce it, although the witness made a record of its contents and was- compelled to refer thereto to refresh his memory.</p> <p>Trial—Evidence—Cross-Examination oe Witness. It is improper to ask upon cross-examination if the witness is not the “notorious R who was tarred and feathered at G.”</p> <p>Criminal Law—Arson—-Evidence—Shipping Goods Prom Building—Time—Remoteness. Upon a prosecution for arson, evidence that the accused shipped merchandise from the building, five and seven days before the fire, is admissible to show motive and to connect the accused with the crime, its remoteness in point of time only lessening its force.</p> <p>Criminal Law—Evidence—Admissions—Voluntary. Evidence of admissions made by the accused to officers while in custody are admissible without a direct statement that they were not made under the influence of fear produced by threats, when it appears from all that occurred that they were voluntarily made.</p> <p>Criminal Law—Evidence—