State v. Morrow

Citations

• 63 Wash. 297
• 115 P. 161
• 1911 Wash. LEXIS 1196

Syllabus

<p>Criminal Law ■— Prosecutions — Statutes — Repeal — Savings Clause. Offenses prior to the enactment of the new penal code (Rem. & Bal. Code, § 275a et seq.), are properly prosecuted under the laws in force at the time the offense was committed, being expressly saved by the repealing clauses of the later enactment.</p> <p>Criminal Law — Appeal—Record—Instructions—Exceptions. Error cannot be predicated upon the instructions where the record on appeal does not include the instructions or any exception thereto.</p> <p>Criminal Law — Evidence—Identification—Opinions. The identification of a person need not be positive and certain, but the witness may state that she believes that the accused is the person who committed the crime.</p> <p>Rape — Corroboration oe Prosecutrix — Evidence—Sufficiency. A conviction of statutory rape is sufficiently sustained by corroboration of the prosecutrix, where her story as to being taken to a lodging house by the defendant as his daughter and occupying the same room, after the landlady had prepared a couch for her, and of stopping at a drug store with him the evening before, and at a restaurant the next morning, is corroborated by witnesses who saw them at the drug store and restaurant, and by the landlady who remembered the occurrence but could not identify the girl nor positively identify the accused.</p> <p>Cbiminal Law — Tbial—Witness—Omission of Oath. It is not prejudicial error that by inadvertence a witness gave part of his testimony without being sworn, where it was immediately withdrawn, and repeated after the witness was sworn.</p>