State v. Montgomery

Citations

• 56 Wash. 443
• 105 P. 1035
• 1909 Wash. LEXIS 922

Syllabus

<p>Criminal Law — Trial—Misconduct of Prosecutor — Witnesses— Testimony Obtained by Duress. It is prejudicial error for the prosecuting attorney, after tbe prosecuting witness had denied the charges against the defendant, to state in the presence of the jury that the witness had made many contrary statements to him and had been tampered with and bought, to examine the witness at length as to the statements, which the witness admitted having made but insisted were false and obtained by duress, and finally, after temporarily excusing the witness, to state to her that she could be imprisoned for perjury; and evidence given by her against the defendant thereafter is obtained by duress and cannot sustain a conviction.</p> <p>Criminal Law — Trial—Duty of Prosecutor. The prosecuting attorney is a quasi judicial officer and it is his duty to see that one accused of a public offense is given a fair trial.</p>