State v. Neis

Citations

• 68 Wash. 599
• 123 P. 1022
• 1912 Wash. LEXIS 1336

Syllabus

<p>Appeal — Preservation oe Grounds — Exceptions—Time for Taic- ■ ing. Exceptions to instructions, taken immediately after the jury retired, are within time, in compliance with Rem. & Bal. Code, § 339.</p> <p>Larceny — -Identification of Property — Instructions. In a prosecution for stealing a nugget chain, in which the issue was as to the identification of a chain found in the possession of defendant’s wife, and claimed hy the prosecuting witness as her chain and as the one- stolen without any suggestion of error in her identification of it as her property, and defendant showed such chain to he a gift from a third person, it is reversible error to instruct the jury that, although they find the prosecuting witness to be mistaken in her identification, still they may convict if they find that the prosecuting witness did own a chain which was stolen hy the defendant.</p>