State v. Moody

Citations

• 18 Wash. 165
• 51 P. 356
• 1897 Wash. LEXIS 131

Syllabus

<p>BIAS OF JUROR—IMPRESSION AS TO GUILT OF ACCUSED — HOMICIDE — INSTRUCTIONS DEFINING DEGREES — PREMEDITATION—EVIDENCE — DYING DECLARATIONS—THREATS — EXCLUSION OF DYING DECLARATION FROM JURY ROOM.</p> <p>A juror is subject to challenge for actual bias, when he has an impression as to the guilt of the accused which it would take evidence to remove, and when he does not feel able to accord accused the presumption of innocence until his guilt is proven.</p> <p>In a prosecution for homicide, an instruction does not sufficiently point out the distinction between murder in the first and second degrees, nor correctly define the element of deliberation and premeditation, when it charges the jury that “as to the length of time necessary for deliberation and premeditation, you are instructed that no appreciable space of time need elapse between the forming of such intent ana the infliction of the fatal wound; all that is necessary is, that the deliberate and premeditated intent be formed before the fatal wound is inflicted. It matters not if the wound be inflicted immediately after the forming of the intent. The forming of the deliberate and premeditated intent, and the inflicting of the mortal wound, may follow each other as rapidly as successive thoughts of the mind.”</p> <p>A statement in a dying declaration that the accused had made prior threats against deceased are inadmissible in evidence, being no part of the res gestae.</p> <p>The refusal of the court to instruct that the portion of a dying declaration showing prior threats by the accused should be disregarded was prejudicial error, and cannot be presumed harmless from the fact that it was cumulative and merely corroborative of the testimony of another witness.</p> <p>Upon a trial for homicide, it is error to permit the dying declaration of deceased to go to the jury room for investigation by the jury, on the same principle that witnesses and depositions are excluded from the jury room.</p>