State v. Moretti

Citations

• 66 Wash. 537
• 120 P. 102
• 1912 Wash. LEXIS 801

Syllabus

<p>New Tbial — Misconduct of Jury — Evidence—Review. The denial of a new trial for misconduct of a juror is warranted, although four witnesses testified that the juror stated that he would hang the defendant if called as a juror, where the juror and one witness contradicted their testimony, the juror claiming that the conversation related to another crime.</p> <p>Homicide — Justifiable Homicide — Defense of Duress — Instructions — Killing in Commission of Robbery. Upon the defense that accused participated in a robbery because of duress, it is not error to instruct that, on a resulting murder, there was no question of justifiable or excusable homicide, where the accused had participated in the robbery and the victim was murdered by a confederate in committing the robbery; in view of Rem. & Bal. Code, § 2392, subd. 3, defining murder in the first degree as a killing without design to effect death by a person engaged in the commission of a robbery etc.</p>