State v. Melvern

Citations

• 32 Wash. 7
• 72 P. 489
• 1903 Wash. LEXIS 370

Syllabus

<p>• CRIMINAL LAW-INFORMATION-JURISDICTION OF COURT-PRESUMPTIONS. ' -</p> <p>In a prosecution by information, it will be presumed, in support of tbe jurisdiction’ of tbe superior court, in tbe absence of a contrary showing, that the defendant was not at the time under indictment for the offense with which he is charged, that the court was in session, and that the grand jury was not in session when the information was filed.</p> <p>SAME-QUASHING INFORMATION-GROUNDS.</p> <p>Under Bal. Code, § 6892, prescribing the grounds for setting aside an information, it' was not error for the court to refuse to quash an information upon the alleged grounds that no warrant had ever been issued for the arrest of defendant, that he had never had a preliminary examination, and that, at the time the information was filed, he was restrained of his liberty.</p> <p>SAME-PROSECUTION BY INFORMATION-ALLEGATION OF PREREQUISITES.</p> <p>The existence of the facts or conditions which the statute enumerates as prerequisites to the right to prosecute by information need not be set forth in the information itself.</p> <p>SAME-JURISDICTION OF PERSON OF ACCUSED.</p> <p>The fact that a defendant was arrested, in the first instance, by a person not having a lawful warrant therefor would not be ground for reversal of tbe judgment for lack of jurisdiction of the person of defendant, when it appears that he was in fact in the custody of an officer, was present in court on the day of his arraignment, entered a plea of not guilty, and was in court throughout the trial.</p> <p>TRIAL-COMPETENCY OE EXPERTS-BY WHOM DETERMINED.</p> <p>The competency of a witness to express an opinion upon a professional or scientific matter is a preliminary question for the trial court to decide.</p> <p>SAME-OBJECTIONS TO EVIDENCE-WITHDRAWAL.</p> <p>Objections to testimony will not be considered on appeal, when the objections were immediately withdrawn in the trial court, after being made there.</p> <p>SAME-TIMELINESS OE OBJEC