State v. Newcomb

Citations

• 58 Wash. 414
• 109 P. 355
• 1910 Wash. LEXIS 949

Syllabus

<p>Criminal Law—Appeal—Record—Review—Bill of Exceptions. While a statement of facts or bill of exceptions furnishes the only method of preserving exceptions for review, upon appeal from a ■conviction of murder in the first degree, the state’s motion to «trike such matter in the transcript as could only be brought up by bill or statement may be denied by the supreme court, and such exceptions reviewed as are sufficiently shown by the transcript and ■other matter not within the record.</p> <p>Courts—Jurisdiction—Departments. There being but one superior court in a county, it is not error to refuse to transfer a cause for trial from one department to another in which preliminary orders had been made, as the court has jurisdiction.</p> <p>Jurors—Selection—Jury of County—Districts. Const., art. 1, § 22, guaranteeing to accused the right to a trial before “a jury of the county,” is not violated by Rem. & Bal. Code, § 94, which provides that the county shall be divided into jury districts, and that •an equal number of the jurors shall be drawn from each district for ■service in any month.</p> <p>Constitutional Law—Ex Post Facto Law—Jurors—Selection. An act changing the method of selecting jurors in criminal cases is not an ex post facto law, as it affects only the remedy or method of procedure.</p> <p>Constitutional Law—Rights of Accused—Criminal Law—Notice of Nature of Offense—Waiver. Const., art. 1, § 22, providing that the accused shall have a right to demand a copy of the charge against him, and Rem. & Bal. Code, § 2091, providing that such copy shall be served, merely grant a privilege that is waived by plea and entering upon the trial without request for the copy, service of Which is not jurisdictional.</p> <p>Jueobs—Qualifications—Name. A juror, described in the jury list and summoned as, and answering to the name of, Hall Horton, who was examined and accepted by both sides as satisfactory without either side asking his name, was qualified and competent, notwithstan