State v. McBride

Citations

• 72 Wash. 390
• 130 P. 486
• 1913 Wash. LEXIS 1472

Syllabus

<p>Indictment and Information — Objections—Time for Taking. Objection to the sufficiency of the information cannot be made after a plea of not guilty, except by motion in arrest of judgment.</p> <p>Indictment and Information — Duplicity—Waiver. Under Rem. &'Bal. Code, §2105, prescribing the grounds of demurrer to the indictment or information, and § 2183, prescribing the grounds for motion in arrest of judgment, the question of duplicity can only be raised by demurrer or motion to quash or compel an election, prior to plea of not guilty, and comes too late if made after verdict.</p> <p>Forgery — Information—Duplicity. Under Rem. & Bal. Code, § 2583, defining forgery in the first degree as the forging of any writing with intent to defraud, and § 2587, making it forgery in the same degree to knowingly utter a forged instrument with intent to defraud, an information is not duplicitous and charges but one crime, where it charges the forging and uttering of one instrument by tbe same person with intent to defraud in both of the statutory ways, as part of one connected transaction, continuous in point of time; as the two ways are not repugnant to each other.</p> <p>Forgery — Elements—Defenses. In a prosecution for forgery of a check, it is immaterial, and not a defense, that the accused used the proceeds in an unlawful gambling game conducted by the party who cashed the check.</p> <p>Same — Evidence—Admissibility. In a prosecution for forgery of a check, evidence that the person whose name was forged was indebted to the accused is inadmissible.</p> <p>Same. In a prosecution for forgery of a check, the person whose name was forged cannot be asked if he would have paid the check if it had been presented to him by a bank or any legitimate holder.</p> <p>Appeal — Review-—Exceptions to Instructions. Exceptions to instructions, merely filed with the clerk and not called to the attention of the trial judge, cannot be considered on appeal, especially where no motion for a new tri