State v. Marfaudille

Citations

• 48 Wash. 117
• 92 P. 939
• 1907 Wash. LEXIS 869

Syllabus

<p>Juey — Examination—Bias. Upon a prosecution for a homicide, committed by rigging a spring gun in a trunk, the defendant is entitled to ask veniremen, upon their voir dire, whether the fact of a death from such acts would create any prejudice or bias against the derendant, and it is prejudicial error to sustain objections thereto.</p> <p>Homicide — Justification—Defense of Property. In a prosecution for a homicide committed by rigging a spring gun in a trunk, it is error to assume that the law prohibited the setting of a spring gun except when necessary to prevent a capital crime; since homicide for the prevention of any forcible and atrocious crime is justifiable.</p> <p>Same — Murder in Second Degree — Intent and Malice — Question for Jury. In a prosecution for a homicide by the rigging of a spring gun in a trunk, it is error to sanction the prosecuting attorney’s statement that the defendant would he guilty of murder in the second degree, if death resulted from his act in setting a spring gun, and that the same would he a question of law for the court; since the elements of both malice and intent must he determined by the jury.</p> <p>Same — Evidence—Warning of Spring Gun — Admissibility. In a prosecution for homicide by the rigging of a spring gun in a trunk, evidence that the defendant warned the deceased of the gun, while not a defense unless deceased deliberately attempted suicide, might be material on the question of malice.</p> <p>Criminal Law — Reputation — Defendant — • Evidence. Upon a prosecution for homicide, evidence that the defendant had never before been arrested or accused is inadmissible to establish his general reputation for peace and quiet.</p> <p>Homicide — Intent—Evidence—Offer of Proof. Upon a prosecution for a homicide by the rigging of a spring gun, defendant’s offer to prove that he did not intend to kill the deceased is inadmissible, since any intent was necessarily general and would not be disproved by intent as to any particular per