State v. Michel

Citations

• 20 Wash. 162
• 54 P. 995
• 1898 Wash. LEXIS 489

Syllabus

<p>ASSAULT WITH INTENT TO KILL—SUFFICIENCY OF INFORMATION— DUPLICITY — MALICE — EVIDENCE — INTERPRETER.</p> <p>Tbe fact tnat an information charging defendant with assault with intent to commit murder also contains a charge of assault and battery does not render it bad on the ground of duplicity, since, under Code Proc., § 1320 (Bal. Code, § 6956), a defendant may be found guilty of any defense necessarily included within the crime charged.</p> <p>An information charging that defendant maliciously cut and stabbed a person with intent to kill and murder him, sufficiently alleges malicious intent, which constitutes a necessary element in the charge of assault with intent to commit murder.</p> <p>The locus delicti is sufficiently established, although eyewitnesses did not testify that the crime was committed in the ■county, when their testimony gives the point where the deed was committed and another witness testifies that such point is located within the county.</p> <p>The fact that an interpreter was subpoenaed as. a witness would not detract from his competency as an interpreter, when he knew nothing of the circumstances surrounding the case, and was subpoenaed as a witness merely for the purpose of having him available as an interpreter.</p>