State v. McDowell

Citations

• 61 Wash. 398
• 112 P. 521
• 1911 Wash. LEXIS 1093

Syllabus

<p>Jtjby — Right to Jury Trial — Federal Constitution — Application. The Federal constitutional guaranty of a trial by an impartial jury lias no application to prosecutions in a state court for tbe violation of state laws.</p> <p>Same — Right Inviolate — Qualification of Jurors. Const., art, 1, § 21, providing that the right to trial by jury “shall remain inviolate,” is not violated by Rem. & Bal. Code, § 94, requiring jurors to be taxpayers; since the constitutional guaranty and all the essential incidents of trial by jury are preserved.</p> <p>Criminal Law — Evidence—Similar Crimes — Res Gestae. In a prosecution for assault with intent to commit sodomy, evidence of the same act upon another boy immediately after the first, is admissible as part of the res gestae,</p> <p>Trial — Misconduct of Judge — Comment on Evidence. Remarks of the trial judge as to the youth of a hoy thirteen years of age, made to counsel as reasons for overruling objections to leading questions, are not objectionable as comment on the evidence.</p> <p>Appeal — Review—Harmless Error. Comment on the evidence that is not prejudicial is not ground for reversal.</p> <p>Criminal Law — Appeal—Party Entitled to Allege Error. Upon appeal by accused from a conviction, the state cannot urge error in that his sentence was under the wrong statute, and too light.</p>