State v. McCann

Citations

• 16 Wash. 249
• 49 P. 216
• 1896 Wash. LEXIS 45

Syllabus

<p>CRIMINAL LAW — HARMLESS ERROR — WITNESS — CREDIBILITY — CONSPIRACY — SUFFICIENCY OF EVIDENCE — JUSTIFIABLE HOMICIDE — SELF-DEFENSE —INSTRUCTIONS —REMARKS OF COUNSEL—NIGHT SESSIONS.</p> <p>Error of the court in refusing to sustain a challenge to a juror for cause is not prejudicial, when the juror is discharged upon peremptory challenge without the defendants’ rights in that respect being exhausted.</p> <p>The refusal of the court to grant a separate trial to defendants jointly indicted is not prejudicial error, when the request therefor is made by only one of the defendants, without joinder therein by the others, and the one demanding a separate trial is subsequently acquitted.</p> <p>Where a witness has already testified that he was a friend of the deceased, in a prosecution for the murder of the latter, it is not error for the court to sustain objections to questions upon cross-examination relating to business matters between witness and deceased, especially when counsel have failed to exercise their right of questioning him directly as to his feeling toward defendant.</p> <p>Error of the court in refusing to strike certain testimony cannot be urged on appeal, when no exception was taken to such refusal.</p> <p>The refusal of the court to discharge one of several defendants jointly indicted for murder is not error as to the other defendants, though the jury may subsequently acquit him, when there is evidence tending to show a conspiracy on the part of all the defendants to commit the murder.</p> <p>In a prosecution for murder, the court may properly instruct the jury that they have a right to take into consideration the appearance and conduct of the defendant while on the witness stand, and the great interest he has in the result of the verdict.</p> <p>Where an affray is brought on by defendants, in which severe injuries are inflicted on deceased for the purpose of killing him, and, without attempting to withdraw from the combat, the defendants follow up the de