State v. Newton

Citations

• 29 Wash. 373
• 70 P. 31
• 1902 Wash. LEXIS 595

Syllabus

<p>CRIMINAL LAW-PRELIMINARY EXAMINATION-INSUFFICIENCY OF COMPLAINT. '</p> <p>The fact that the complaint before a committing magistrate does not state facts sufficient to constitute a crime, with all the particularity required in an indictment or information, would not render all the subsequent proceedings void, nor malte illegal the custody of one committed after an examination upon such informal complaint, since the determination by the magistrate of the probable cause of the guilt of the accused is based upon the evidence.</p> <p>FORGERY INFORMATION ■— DUPLICITY.</p> <p>An information which charges that defendant feloniously made, forged, and counterfeited a certain bank check, and then and there unlawfully uttered and published it as true, states but one continuous act with reference to the same instrument, and hence is not void for duplicity or on the ground of charging more than one crime.</p> <p>CONTINUANCE-GROUNDS-ABSENCE OE WITNESSES.</p> <p>The fact that the court compelled the accused in a criminal case to go to trial in the absence of some of his witnesses wa.!, not error, where no motion for a continuance was made pur suant to the requirements of Bal. Code, § 4977, which provides for continuance in such cases upon affidavit' showing the materiality of the evidence, that due diligence has been used to procure it, and the name and residence of the witnesses.</p> <p>EVIDENCE-ADMISSIBILITY OE ADMISSIONS WHILE IN CUSTODY.</p> <p>The testimony of an officer as to admissions made by the accused after his arrest is not inadmissible, by reason of the officer’s failure to state, in the language of the statute, that they were not made “under the influence of fear produced by threats,” when the substance of the statute has been given in other terms.</p> <p>INSTRUCTIONS — GOOD CHARACTER OE ACCUSED'-COMMENT ON EACTS.</p> <p>In an instruction to the effect' that defendant’s good character, if proven, was a circumstance to be considered by the jury with all the other f