State v. Miller

Citations

• 80 Wash. 75
• 141 P. 293
• 1914 Wash. LEXIS 1265

Syllabus

<p>Criminal Law—Appeal — Review ■—■ Discretion — Continuance. The denial of a continuance in a criminal trial, asked because of insufficient time to prepare a defense and because of prejudice of the panel of jurors in attendance, will not be disturbed on appeal where abuse of discretion was not shown.</p> <p>Same—Trial—Conduct—Special Counsel. It is discretionary to allow special counsel, to aid the prosecuting attorney in a criminal trial.</p> <p>Same—Trial—Indorsement of Witness. It is not error to allow the state to indorse upon the information the name of an additional witness, where no continuance was asked.</p> <p>Perjury—Oath—Evidence. In a prosecution for perjury in giving testimony at a former trial, evidence of the clerk that there was no doubt that he administered the oath to the defendant on the former trial, and of the presiding judge that it was his best judgment that the usual oath was administered to him, is sufficient to go to the jury on the question whether his evidence was given under oath.</p> <p>Perjury—Evidence—Sufficiency—Witnesses—Refreshing- Memory. In a prosecution for perjury in giving testimony, the testimony alleged to be false may be proved by the judge, who recalled it, and by the stenographer, who testified that his notes were correct and was allowed to refresh his memory therefrom.</p> <p>Criminal Law—Evidence—Identity oe Accused—Sueeiciency. In a prosecution under the habitual criminal act, upon an issue as to the identity of accused and a person of the same name convicted and sentenced to the state penitentiary in New York, the evidence is sufficient where the Bertillon clerk of such prison testified that he was well acquainted with a person of the same name imprisoned in such prison at that time, and that he and the accused were one and the same person, taken in connection with photographs and handwriting; the rule being that identity of names raises a presumption of identity of persons, where there is a similarity of residence,