State v. Murphy

Citations

• 13 Wash. 229
• 43 P. 44
• 1895 Wash. LEXIS 79

Syllabus

<p>CRIMINAL LAW — MURDER — FORMER ACQUITTAL — NEW TRIAL — MISCONDUCT OF JURY — REQUESTED INSTRUCTIONS.</p> <p>The conviction of a defendant charged with murder in the first degree as guilty of murder in the second degree, is an acquittal of the higher charge, and in case of a new trial a plea of former acquittal of murder in the first degree should he sustained. (Dunbar, J., dissents).</p> <p>Error of the court in overruling a plea of former acquittal as to the charge of murder in the first degree is not prejudicial, when, upon a retrial, the defendant is again convicted of murder in the second degree.</p> <p>A verdict in a prosecution for murder cannot he impeached for misconduct of the jury by an affidavit of defendant based upon information and belief as to the facts charged.</p> <p>Refusal to give requested instructions is not ground of reversal when the court has fully and correctly stated the law of the case in the charge given.</p>